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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I have been charged with false representation. I

Customer Question

I have been charged for fraud with false representation.
I pleaded not guilty, and received a bunch of paper with evidence and statements.
The case is, setting up a false business account to gain profit in terms of commission from employer. this was done through an email account. Their evidence is that they can with IP address prove that I have accessed the email account the correspondence was made on.
The deals were done over a period of 6 months and then there was only email exchanged over payment for the deals for another 6 months. The email provider doesn't store logs for long and they can only provide IP addresses for the last 6 months (the deals and paperwork was done long before this)
Now my question is if this is evidence enough to convict me?
There is only evidence that I have accessed the email account and this only after the deals were done. I mean, the judge and jury cant just assume that I must have accessed the account previously as well and instructed the deals right?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but I am afraid you are underestimating the value of this. If you have accessed this email account subsequently then they very definitely will think it was your previously. Who else would have access to an email address. Usually we don't share them with people. That isn't speculation. That is a reasonable deduction.
Unless there is some evidence that you subsequently acquired the email address, and you will need to have a good explanation for that, this is probably enough to show that you were in control of it.
Whether that is enough depends on how the address was used.
Im very sorry but that is the reality.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I see, but there has been other IP addresses logged as well which are not linked to me.
The gained sum is around 25k and I am considering paying this back.
What kind of sentence are we looking at here?
I have no previous and this thing is very out of character
Expert:  Jo C. replied 1 year ago.
It depends.
What is said to have actually happened.
What is the fraud?
Customer: replied 1 year ago.
Doing fraudulent money trades on a fake set up account to gain commission.Fraud by false representation
Expert:  Jo C. replied 1 year ago.
Is your employer the victim?
Customer: replied 1 year ago.
Yes.
Expert:  Jo C. replied 1 year ago.
What was your role within the business?
Customer: replied 1 year ago.
I was an account manager
Expert:  Jo C. replied 1 year ago.
I would brace yourself for a custodial sentence I'm afraid. The personal gain is on the low to medium side
it would probably fall into category three and your culpability would be a or b because of the breach of trust and high impact upon the victim.
I'm afraid the starting point is likely to be 18 months although that is for a conviction after trial.
Customer: replied 1 year ago.
Ok but you don't know roughly what kind of sentence we are looking at? starting point is 18 months and end point is 7 years? (I have read this somewhere)
Expert:  Jo C. replied 1 year ago.
Yes, it is a range but I wouldn't worry about top ends.
It is a relatively low amount but you were in a position of trust and this is a fairly sophisticated operation. It might be possible to challenge that. It is pre meditated of course as these things always are but whether it is sophisticated is another matter.
If the starting point is 18 months it isn't going to get much worse than that.
Customer: replied 1 year ago.
I see, Finally. in order to get a suspended sentence.. is that entirely up to the judge and what mood he is in?
Expert:  Jo C. replied 1 year ago.
That does count for a lot. Whichever way you look at things, the temper of the Judge can always be hidden in some other way. It is very random.
If the sentence can be kept under 12 months then he would have to consider suspending it and with a person of good character usually the decision is to suspend.
Guilty pleas and repayment is always very helpful.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I thought it was up to 24 months they could suspend it?
Expert:  Jo C. replied 1 year ago.
Yes, they can but they don't have to consider it and give reasons for not doing it unless it is under 12.
Customer: replied 1 year ago.
I understand. Great. Thank you for your help.
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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