Interview Under Caution Re Alleged Benefit Fraud..

cit_k

I would recommend consulting a lawyer.

uponahill

real1314 wrote: »

There is potential for the police to be asked to make an arrest to enforce attendance at an IUC. It's not common, but I'd reckon it's increasing. :cool:

It has always been the case.

Police are brought in when the case warrants it (size, regularity etc), you would be arrested normally at the council offices and then taken to the Police Station and put in the cells to await questioning.

It is now becoming more common, even for minor cases that if you do not co-operate and that there is no other way of extracting info from you to enable a prosecution, you can and many do. get knocked up at dawn - generally about 6am, arrested and taken away. Then there is normally a full search of your premises.

It's the risk you carry with you.

I would suggest attending, but just make sure about everything you say, think three times before opening mouth!

uponahill

cit_k wrote: »

I would recommend consulting a lawyer.

errr yes on legal aid - one that is an expert in benefit law.

You try finding one!!

vax2002

You will get a free one if the police are sent, but first a magistrate will need good site of some evidence to issue a warrant.

teddyboy02

ROGERBLACK...it is much appreciated all the information you have given me but i will admit it is very overwelming the calculation etc

all i can say to the majority who probably believe i did this intentionally is i did not!!!!i genuinely believed that redundancy monies under 16k approx did not have to be given as this did not effect any benefits.

As for Deprivation of monies basically spending for sake o spending to get more benefits this was not the case for any of my paid creditors as at least 3 x creditors would have if not paid sanction the courts for retrieval. This would possibly have included family members who had helped me out financially on the understanding said loans would be paid asap when redundancy was received.(not in writing)
Again as you say it is difficult to see which way the investigators will view this but if favourable they can see that my monies were paid out within a week or so of being redundant and was to essential creditors leaving lum sump in region of 9-10k with more to be paid to other "soft" creditors and still more to family.

Also surely if I was trying to fleece the system I would have paid off alot more of my creditors such as our mortgage which was and is now just interest only(falling behind) due to struggling to pay capital and interest ,also 2 major company loans one of which had to be rejigged to a lesser amount per month in order for me to be pay it.

Roger do you know IF they will also look at the level of current debt too as this is quite significant in the region of approx 25k not including the mortgage???At the time o the receipt of monies from ex employer the debt was somewhat higher than this and rising until i took the actions mentioned above.
Therefore if I were knowingly defrauding wouldnt it have made sense to have used all or at least the vast majority(keep small emergency fund) to lower mortgage balance and loan payments as to then make monthly outgoings less per month??

Through reading all posts on this site and others on the subject i can see i made a big mistake and i am totally sick about this,however i can only see one outcome which is very negative at the moment and that is def court proceedings with poss jail term or hopefully at worst a deffered jail sentence and paying back the overpayments, plus a fine and receiving no more benefits????

Is it likely us as a family will receive no more benefits can they do this as we would then def be left homeless and have no monies coming in at all??

would it be best to try and find a solicitor dealing in alleged Benefit Fraud defence to help me fight my case as i feel i am dealing with this on my own and it is effecting my health.


any other help would be much appreciated Roger or any other posters,

re dates from approx Jan 2007 till present they are looking into.

many thanks

dookar

The problem is when making a claim, they specifically ask you if you have savings (I dislike this word, but it's the one used) of over £16k

Later they ask you if you have all manner of accounts, naming them individually, and ask how much is in each one.

Then they ask if you have received money from a redundancy payment.

I think it's going to be very difficult for you to demonstrate you did not know the money would effect your claim if you have wilfully answered these questions incorrectly

uponahill

vax2002 wrote: »

You will get a free one if the police are sent, but first a magistrate will need good site of some evidence to issue a warrant.

Seems that you haven't been around the system then.

A Magistrates Warrant is NOT needed when a suspect has been arrested. That authority is delegated to an Inspector at the police station who very rarely would ever refuse to sign such an order! Besides which not even that warrant is needed if the police suspect that someone may tamper with the evidence, in which case they can go straight in.

Of course you are entitled to legal assistance whilst being questioned. Normally you will end up with some junior that probably knows less than you do.

Try asking for a qualified and experienced solicitor that specialises in benefit law - you will be looked at as though you have two heads! And told to accept what you are given!!

You have a lot to learn about the criminal justice system!! It only works for those with the right connections, money and standing in the community.

fluffymovie

Please try not to worry. My husband is a fraud officer and as far as I can remember, the police are involved in only the worst cases where things like mortgage fraud or false identification are used. In most of these cases, the IUC is at the police station.

By far and away, most IUCs are an opportunity to gather information. The IOs put their queries to you, you can ask to suspend the interview at any time. You don't have to say anything but it can mean a prosecution where possibly there wouldn't be if they knew what'd happened.

Again, there are a number if possible outcomes. 1 is an official caution (not a criminal caution), an admin penalty where you agree to repay the overpayment and an additional
% or a prosecution which is court. Even here actual custodial sentences are rare so I don't think you need to focus on losing your home just yet.

If they consider you had capital over 16k and shouldn't have had IS/HB/Ctb any overpayment would be calculated and have to be repaid possibly from deductions from ongoing entitlement.

Lastly, there is something called a One Strike Sanction which is too involved to go into here but if you google housing benefit one strike, hopefully you will find something.

Please as I say, try not to worry! Fraud officers are people too and as I say, I'm married to one abd he isn't some kind of terrifying monster. Just go along, take a solicitor if you feel you need to (although in the IUCs I've sat in on, they don't say or do much!) and see the case and go from there.

vax2002

uponahill wrote: »

A Magistrates Warrant is NOT needed when an arrested suspect has been arrested.

Why would they need a warrant to arrest someone they have already arrested ? DOH

Anyway, you are doing a good job of scaring the OP to death, keep it up, it might work.

Dunroamin

uponahill wrote: »

I would suggest attending, but just make sure about everything you say, think three times before opening mouth!

But again, if you're telling the truth and have nothing to hide why would you have to do this?