Sundeep Soor is a specialist financial crime solicitor with over 20 years’ experience in advising clients at HMRC interviews under caution and if relevant any subsequent prosecution. Sundeep has conducted hundreds of these types of interviews. He can assess the strengths and weaknesses of a case and decide if there is any possibility of persuading the authorities to discontinue an investigation.
Sundeep is currently representing an individual investigated regarding a complex tax avoidance scheme that arose as a result of the Panama papers scandal. HMRC are vigorously pursuing UK taxpayers who have failed to declare income and assets located abroad, they are not only interested in the promotors and designers of such schemes but also the investors themselves.
CLIENT TESTIMONIAL
“Sundeep Soor provided excellent legal advice and emotional support during a stressful time both at the outset of my case and as the matter progressed over many months. Sundeep managed the trial details, costs, and lawyer liaison, reducing my stress levels significantly. I was kept informed at all times and received excellent advice concerning my options.”
Free Initial Discussion
We understand that you will want to discuss your circumstances with an expert solicitor, which is why we offer a no-obligation, free initial discussion to see how we can assist you. Please call us on 0330 1333676 or contact Sundeep Soor on Info@defencelegal.co.uk.
What is an Interview Under Caution?
An interview under caution arises when the HMRC becomes suspicious of you or your businesses tax-related actives and decides to start a criminal investigation. This most commonly arises if investigators have been notified of irregularities within your tax returns potentially amounting to:
- Tax fraud or evasion.
- Fraudulent VAT reclaims.
- Misrepresentation.
- Conspiracy to defraud.
- Cheating the public revenue.
- Money laundering.
What is the Caution?
This is a warning given before the commencement of an interview to put allegations to you and seek your version of events. The Police and Criminal Evidence Act 1984 caution is as follows:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
What is the process for being Interviewed Under Caution?
You can be interviewed under caution following an arrest and possible execution of a warrant to search your home or business premises. However, it is more likely that you will be sent a request to attend a voluntary interview under caution at a specified date and time. These interviews normally take place at a police station and are recorded. You will also be sent a form ENF1239A notice to voluntary attend which sets out your rights in accordance with the Police and Criminal Evidence Act 1984
What should you do if you are invited to attend an Interview Under Caution?
- You should immediately contact a specialist HMRC solicitor. You have the right to seek the assistance of a legal representative to also attend the interview with you.
- You may also request that the interview be postponed until sufficient representation is organised.
- Your legal representative should be able to obtain pre-interview disclosure to ascertain the basis of the allegations.
- You will need to meet with your representative to discuss the caution, strategy, and options at the interview.
What are your rights at an Interview Under Caution?
- You are entitled to have a legal representative attend with you.
- You are entitled to leave the interview at any time.
- You can pause the interview at any time to consult privately with your legal representative.
- You should be provided with enough information to understand the offences that are the subject of the interview and why you are suspected of them.
- You can consult a copy of the Codes of Practice, a copy of which will be made available to you.
Refusal to attend an Interview Under Caution
You do not need to attend an HMRC interview under caution. However, in some scenarios, you risk the chances of being arrested which will involve being held in a police cell and formal procedures being undertaken including the taking of a photo, fingerprints and DNA.
Sundeep Soor is a specialist financial crime solicitor with over 20 years’ experience in advising clients at HMRC interviews under caution and if relevant any subsequent prosecution. Sundeep has conducted hundreds of these types of interviews. He can assess the strengths and weaknesses of a case and decide if there is any possibility of persuading the authorities to discontinue an investigation.
Sundeep Soor can also assist you with the following:
- Decide if it is within your best interests to attend the interview.
- Evaluate why HMRC are investigating you.
- Obtain any pre-interview disclosure.
- Consider a challenge to the execution of any warrant.
- Obtain a copy of the warrant application.
- Assist with any asset freezing/Restraint Orders.
- If appropriate analyse and present evidence on your behalf to oppose accusations of fraudulent activity.
- Assist you in interview preparation, and prepare a robust strategy including exploring possible questions you may be asked and how you should respond.
Why Choose Defence Legal
We provide specialist, direct and robust partner level led representation to all individuals and companies in all cases involving financial crime. We are highly recognised for our expertise in dealing with complex and high profile cases. Our lawyers work with leading barristers and experts in complex fraud matters. It is crucial that an experienced fraud specialist is instructed from the outset of a case to ensure that a proactive strategy is put in place without delay.
How to get in contact
We can assist wherever you are based. For more information and advice, then please call us today for a free initial discussion about your individual circumstances on 0330 1333676 or email Info@defencelegal.co.uk.
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