What is false accounting under the Fraud Act 2006?
False accounting under the Fraud Act 2006 is when a person dishonestly provides, creates, or alters accounting records to deceive or cause loss. This is defined in Section 17 of the Act and covers actions like falsifying invoices, deleting transactions, or misrepresenting company accounts.
For a conviction, the prosecution must prove that an accounting entry was false or misleading, that it was made dishonestly (using the Ivey v Genting test), and that there was intent to gain or cause loss. Honest mistakes and poor record-keeping are not enough to meet this threshold.
What counts as embezzlement in the UK?
In the UK, embezzlement is when someone who is trusted to manage funds dishonestly takes or uses that money for themselves. This could mean an employee pocketing company money, a trustee using charity funds for personal reasons, or a payroll officer transferring wages to their own account.Although “embezzlement” is not a specific criminal charge in England and Wales, it is usually prosecuted as theft, fraud, or false accounting under the Fraud Act 2006 or the Theft Act 1968.
Can you go to prison for false accounting?
Yes, you can go to prison for false accounting if the offence is serious enough. Possible sentences include:
- Custodial (prison) sentences
- Suspended sentences
- Community orders
- Fines or compensation orders
The Sentencing Council guidelines mean that the most severe penalties are reserved for deliberate, repeated, or high-value offences, or where a position of trust was abused. First-time offenders with strong mitigation may avoid prison.
What happens if I’m accused of stealing from my employer?
If you are accused of stealing from your employer, the process usually starts with an internal investigation. You may be suspended and asked to attend HR interviews or provide a written statement. If the matter is serious, your employer may involve the police, who could invite you for a voluntary PACE interview or arrest you.It’s essential to get legal advice before answering questions. What you say in a workplace interview can be used against you in a criminal case.
Is false accounting the same as fraud?
False accounting is a type of fraud, but not all fraud involves false accounting.
- False accounting specifically means dishonest changes to financial records under Section 17 of the Fraud Act 2006.
- Fraud is a broader term covering many types of dishonest behaviour to gain financially or cause loss, including false representation, abuse of position, and more.
The two are closely linked, but each has its own legal definition and evidence requirements.
Can accounting mistakes lead to criminal charges?
Accounting mistakes alone do not usually result in criminal charges unless there is evidence of dishonesty or intent to gain. Simple errors, poor training, or confusion over procedures are not crimes.
However, if an audit or investigation uncovers serious financial irregularities, authorities may look for signs of deliberate falsification or concealment. If dishonesty is suspected, a charge under the Fraud Act 2006 or Theft Act 1968 could follow. Legal advice is recommended if you are concerned.
What evidence is used in false accounting cases?
Evidence in false accounting cases often includes:
- Accounting software logs (e.g., Sage, Xero, QuickBooks)
- Bank statements and transaction records
- Emails and internal messages
- Audit reports and financial statements
- Bookkeeping discrepancies
- CCTV around tills or cash handling
MMA Law reviews all evidence for errors, misinterpretation, and gaps that may support your defence.
How long do these investigations take?
The length of false accounting or embezzlement investigations can vary from a few weeks to many months. Employer investigations are often quicker, but police or HMRC inquiries - especially those involving large sums, multiple years of accounts, or complex audit trails - can take significantly longer.
After evidence is gathered, the Crown Prosecution Service (CPS) will review the case before deciding whether to bring charges. Early legal advice can sometimes speed up the process or resolve misunderstandings before a case goes further.
Contact Our False Accounting and Embezzlement Solicitors Today
If you are facing allegations of false accounting or embezzlement, getting expert legal advice early can make all the difference. The sooner you contact a solicitor, the more options you have to protect your rights and limit the impact on your future.
At MMA Law, our Fraud Solicitors help clients in Middlesbrough, Teesside, and across the UK. We offer a free, confidential 30-minute consultation so you can get clear advice without delay.
Call us today for your free 30 minute legal consultation. We’re here to help you take control and move forward with confidence.