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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2 years ago I sacked a partner in my company that was a director

Resolved Question:

2 years ago I sacked a partner in my company that was a director . I provided the police with evidence that he was stealing money by getting it paid directly from customers into his mothers bank account for work our building company was carrying out on various contracts . He has pleaded guilty to fraud ,on one offence , The police are telling me they don't have the power to look through is mothers account for other offences even though they have evidence of at least one theft . Even when is mother was interviewed she refused to answer the question has her son paid anymore money into her account . I think this is the police not wanting to spend the time on the case the ? . The first amount was ten thousand pounds . Do they have the rite to look and should I push them for this to happen
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If there is evidence of fraud then they can either get her to agree, or yes they can obtain bank account detail statements.

Alex Watts :

Otherwise if there was fraud and people denied it, how would the Police be able to convict people?

Alex Watts :

Of course you could issue civil proceedings anyway for the sums due

Alex Watts :

You could even seek a County Court Order for specific disclosure of these bank accounts

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The cid person who was dealing with the case told me they couldn't ask the judge to grant access to the bank account as it would be classed as fishing . even after the defendant pleaded guilty to fraud on the ten thousand offence . could I ask my own solicitor to seek a court order to look into this account /

Alex Watts :

Your own Solicitor could do this in civil proceedings yes

Alex Watts :

But it must be specific documents

Alex Watts :

Does that help?

Customer:

yes thanks a lot I will go down that road and see were it gets me . one more question I can prove the defendant has created fraudulent invoices to insurance companies , should the police have classed this as criminal or civil ? .

Alex Watts :

It could well be civil for disclosure.

Alex Watts :

And you could issue proceedings

Alex Watts :

Can I clarify anything else?

Customer:

Thanks for your help

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