Law

[Jasona]

Hello All,

I was arrested for Fraud by false representation. NEVER had issues with law.

So what happen I used work freelance for a company and I had a fall out with because I was not getting paid on time and I own money.

The said that my CV was fake that is not only mistake is my degree that admited at the police everything is perfect and true.

Second the paid me £3700 for me to buy some ad space. My mistake as some one does not well how do invocie that more finance stuff my invoice looks like invoice is for them to pay the company and not me. That again I said it was my mistake but intended.

The reason the stated this personal fight against me after I left I did not return the money as the own over 5000 in wages.

I was let go after my interview at police station as they will look to some stuff.

My question what can happen next ? I'm model citizen and because a white lie and my bad judgement because of lack in experience.

What I believe will happen that I will have paid back the amount probably and chase them after to get my money.

Please help thanks.

J

[Buenchico]

There are quite a few people here who would be happy to advise you but it's going to be extremely hard because your post is so confused.

For example, you wrote "The said that my CV was fake that is not only mistake is my degree that admited at the police everything is perfect and true". I simply can't make sense of that. Did you get your contract by stating that you'd got a university degree? If so, was that a true statement?

I also got lost with what happened to the money that you were given to buy advertising space. Did you use it for that purpose? If not, what did you do with it?

I'm NOT 'trying to be awkward'. I really would like to help but, until you provide a clearer explanation of exactly what it is that you're being accused of, I can't go any further.

(You can add further details simply by posting a 'reply' on this thread. I won't be around for a few hours because I've been up all night and need some sleep but there are others who can help if you make things clearer and I'll try to look in later on).

[waterboatman]

I get the impression that English is not your first language. As Buenchico says, your post is confusing and difficult to understand. If you could clarify what you are trying to say I'm sure someone would be able to advise you.

[Jasona]

Thanks for the reply and sorry for the bad post just so worried about this.

Regard the CV I did not sign any contract with them. The ownly white lie on my CV is my degree.

Regard the money for ad space was given 3700 to buy some ad space when app goes live. But week on week the app launch was getting pulled back so holding the money will goes live to buy the space. But i left I did return the Money as the owned me 5000
pounds in wages and maybe that a mistake for me. Plus the saying that the invocie was fake.

I have been doing my job 10 year with perfect record and very high respected in my industry. Thanks

[NoMercy]

It is a criminal offence, so I've been given to understand, to lie on a CV, application form or in a job interview.

[fiction-factory]

What is your first language, J? Maybe you should post in your first language an someone may be able to translate it, or maybe you need legal advice from someone who can speak your first language.

I don't think lying about having a degree on a CV is a white lie. However I'm not sure that's the main issue- unless you are being charged with that a spart of the fraud charge.

You say "But i left I did return the Money as the owned me 5000
pounds in wages and maybe that a mistake for me..." but I think you meat "I did NOT return...". I take it you kept the £3700 that was supposed to be used for the ads becase you felt they owed you £5000. If so I think you need to return the £3700 and then use the legal process (claims court?) to claim unpaid wages.

[Buenchico]

Let's ignore the £3700 to start with.

You've described claiming that you've got a university degree as a 'white lie'. I disagree (and I'm sure that a magistrate or judge would too).

Saying that you'd got a grade B at GCSE Maths, when you only got grade C, might be regarded as a 'white lie' (although, if it's done to make a gain, it's still a criminal offence).

However falsely indicating that you've undertaken several thousand hours of advanced study, and then passed rigorous examinations, in order to obtain a degree is (when done for the purpose of gain) far more than a 'white lie'; it's a serious criminal offence:
https://www.legislation.gov.uk/ukpga/2006/35/section/2

So there's absolutely no doubt whatsoever that you're GUILTY of 'fraud by false representation'. Any other plea would be madness (and would only increase your sentence).

I'll continue ignoring the £3700 for the moment and address the issue of the £5000+ which you think that you're owed. If you were to take your claim to the County Court the company you worked for might well have a good argument for showing that they shouldn't pay part, or any, of that money to you. Your contract with them was based upon their assumption that they were getting the services of a university graduate but (because you've not got a degree) you failed to provide such a service. So the firm could argue that your contract was invalidated and that they thus don't need to pay you. (It would need someone with more knowledge of civil law than me to accurately assess how a court would respond to such an argument but it's possible that the ruling might be that the firm doesn't owe you a single penny).

Now let's get to that £3700. Where a person is charged under the Theft Act 1968 (rather than the Fraud Act 2006) there's a statutory defence to the charge if the accused person can show that he "appropriated the property in the belief that he had in law the right to deprive the other of it". So, if you were charged under the Theft Act, saying that you honestly believed that you had the right to hold onto the money because it was just part of what was owed to you should be a sufficient defence. There's no similar provision in the Fraud Act but, if your case was well presented to a court by your solicitorr, the court might be minded to accept your explanation for hanging onto the money when passing sentence.

'Fraud by false representation' is an 'either way' offence, meaning that it can be dealt with entirely within a magistrates court or (in more serious cases, or when the defendant demands trial by jury) passed up to the Crown court. It appears unlikely to me that your case would reach the Crown court.

The magistrates' sentencing guidelines can be viewed here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf
(See p.281 et seq)

'Culpability' is likely to be viewed as on the borderline between categories 'B' and 'C', with 'Harm' being assessed as category 4. That means that a custodial sentence (for a 'B4' offence) is a theoretical possibility but, with an early guilty plea from a first-time offender, actually extremely unlikely. A Community Order (perhaps involving a period of unpaid work) would seem to be a far more likely outcome.

A note of caution for the future: Assuming that you're given a Community Order, your offence will become 'spent' one year after the end of that order. From that point on you won't have to declare it on job application forms (or similar documents) unless you're applying for 'exempted' work (such as working with children or vulnerable adults). Up until that time though, if you're asked about whether you've got any criminal convictions you MUST declare your conviction. If you fail to do so you'll again be committing 'fraud by false representation' and, if you're found out, you won't be given a second chance. You'll almost certainly be sent to prison.