Fraud Barrister
If you are facing a fraud investigation or a charge, you can instruct specialist defence counsel directly. Clerk&Counsel places BSB registered fraud barristers across England and Wales for police interviews under the Public Access scheme, Crown Court trials, POCA confiscation and restraint, on a fixed fee agreed in writing.
Fraud cases tend to move quietly until they do not. A request for a voluntary interview lands, or a restraint order is served, or papers arrive listing a Crown Court PTPH, and suddenly there is a decision to make about who is going to fight the case. A specialist fraud barrister is the person who will actually stand up at trial, so it makes sense to have that person involved from the early decisions, not bolted on at the end.
Clerk&Counsel is a clerking agency. We do not provide legal services ourselves. We identify Public Access qualified counsel with a fraud and financial crime practice, confirm availability, agree a fixed fee and issue the BSB client care letter. From a first call to a signed engagement is usually 24 to 72 hours. You can send a brief at any time, or read how the Public Access scheme works.
For the wider criminal practice see criminal defence barrister and barrister for Crown Court trial.
Send the charge sheet, the restraint order, the interview invite, or whatever you have. A clerk will come back with shortlisted counsel and a fixed fee.
Send a brief →What we have learned placing fraud briefs
The cases that go best are the ones where the defence statement is taken seriously. A loose, narrative defence statement gives the prosecution nothing to disclose against and gives the trial judge no reason to police section 8 requests later. A tight statement that pins down what is admitted, what is denied and why, opens up the disclosure exercise and very often changes the shape of the case before trial.
The second pattern is the accountant. In any fraud over about £250,000 of alleged loss, the calculation is doing real work. Instructing a forensic accountant early, sometimes before charge, can collapse the prosecution figure by enough to change plea, sentence and the confiscation order at the end. The cost is usually a fraction of what gets confiscated.
The third pattern is restraint. A restraint order under section 41 of POCA is often the first thing the defendant feels. It freezes accounts including the joint mortgage account, and it has a real impact on a family. Counsel will move quickly on a variation for living and legal expenses, but the application has to be evidenced properly, with bank statements, fixed outgoings and a sensible monthly figure. A rushed witness statement here is the most common reason an application is refused on paper.
The honest counterpoint is that very heavy disclosure cases, SFO matters with several million pages on the platform, are not realistic direct access briefs. There is too much administrative load for counsel to carry without a litigation team. When we see one of those we say so, and where useful we will point you toward a solicitor led model.
Fraud work we cover
Business and corporate fraud
Fraud by abuse of position under section 4 of the Fraud Act 2006, false accounting, conspiracy to defraud, director disqualification cases and connected civil proceedings.
SFO and FCA prosecutions
Serious Fraud Office cases, FCA insider dealing and market abuse, HMRC cheat and VAT fraud. Section 2 interviews, charge stage and trial.
POCA confiscation
Section 6 hearings, criminal lifestyle assumptions under section 10, available amount arguments and third party interest representations.
Restraint and forfeiture
Section 41 restraint orders, variations for living and legal expenses, account freezing orders and cash forfeiture in the Magistrates Court.
Money laundering
Sections 327 to 329 POCA, failure to disclose and tipping off offences, including cases that cross into regulated sector compliance.
Benefit and tax fraud
DWP and HMRC investigations, false representation under section 111A of the Social Security Administration Act 1992, tax evasion and Code 9 inquiries.
Frequently asked questions
What does a fraud barrister actually do?
A fraud barrister is a self employed advocate who specialises in dishonesty offences and the financial framework that sits around them. Day to day that means advising on charge and plea, settling defence statements, drafting bad character and hearsay applications, running section 8 disclosure requests, preparing for a Crown Court trial and handling the confiscation hearing that almost always follows a conviction. In a fraud trial the work is unusual because the cross examination is built from spreadsheets, bank statements and emails rather than witness recollection, so the preparation time tends to dwarf the courtroom time.
Can I hire a fraud barrister directly without a solicitor?
Yes, for most fraud matters you can. Since 2004 the Bar Standards Board has allowed Public Access qualified barristers to take instructions from the public. The cases that still need a solicitor are typically the very large ones with several thousand pages of disclosure, anything where you want representation in a police interview before charge, and any case running on legal aid. For a single defendant Crown Court fraud with a manageable bundle, a direct access brief is usually workable and noticeably cheaper than a full solicitor and counsel team.
How much does a fraud barrister cost?
Privately funded fraud work is quoted as a fixed brief fee plus daily refreshers. A short Magistrates fraud case usually sits at £1,500 to £3,000 plus VAT. A Crown Court trial of three to five days with a junior alone typically runs at £8,000 to £20,000 plus VAT all in. Larger SFO matters with leading counsel run higher. Every figure goes into the BSB client care letter before any work begins and there are no hourly surprises afterwards. Confiscation and restraint hearings are usually quoted separately because the work is so different from the trial itself.
Do you cover SFO and FCA cases as well as CPS prosecutions?
Yes. The clerks place counsel on Serious Fraud Office prosecutions under the Criminal Justice Act 1987, FCA prosecutions for insider dealing and market abuse, HMRC prosecutions for cheat and VAT fraud, and the more usual CPS fraud lists. The Bar in this field tends to be small and well known, so the shortlist for any given case is short and quickly drawn up.
What about Proceeds of Crime Act work?
POCA is half the work in fraud. Restraint orders under section 41 are usually argued on short notice, often within days of arrest. Confiscation under section 6 follows conviction and is where most defendants lose the most money, because the available amount is calculated against the criminal benefit figure put forward by the prosecution accountant. Counsel will challenge the section 16 statement line by line, instruct a forensic accountant where the numbers need answering with numbers, and negotiate the final order. Cash forfeiture and account freezing orders in the Magistrates Court are also covered.
Will the same barrister handle the case from first hearing to trial?
In direct access work, yes in almost every case. Continuity matters in fraud because the bundle is heavy and the issues narrow as the case develops. The clerks will only substitute counsel with your written agreement, and only for a clash that could not be moved.
How quickly can you put counsel in place?
For an urgent restraint order response or a first appearance, within 24 to 72 hours. For a trial brief, the realistic window is four to six weeks before the hearing. The clerks will tell you candidly if the date is too tight to do the case justice.
Is this only England and Wales?
Yes. The barristers we place hold practising certificates regulated by the Bar Standards Board, with rights of audience throughout England and Wales. For Scottish or Northern Irish proceedings we will refer you on rather than take the brief.
Ready to instruct fraud counsel?
Send the documents you have, even if the file is thin. A clerk will respond within one working day with shortlisted counsel and an indicative fee.
Send a brief →