Solicitor suspended after asking secretaries to backdate files By John Hyde 18 e A solicitor who instructed his secretaries to dor dozens of documents has been suspended from practice. 05, · Backdating encompasses a broad scope of conduct ranging from blatant fraud to e legitimate and common practice of executing a document after e event has already occurred. is article provides a brief overview of how to distinguish legitimate backdating from improper backdating. To a layperson, backdating sounds like a bad ing. Backdating a document for e purpose of misleading or eiving ird parties is clearly improper and often triggers civil or criminal liability. If lawyers are involved in e practice, ey also face disciplinary penalties under eir professional conduct rules, such as . 15, · Yet, backdating documents can be illegal or even criminal. If backdating document misleads a ird party or gives a false impression about when an action was taken, it be fraudulent. e. 31, · is is a fraud on e tax au orities, a criminal offence and is likely to get e lawyer who prepared e document disciplined by his regulator and possibly also charged as a co-conspirator. 05, · Backdating encompasses a broad scope of conduct ranging from blatant fraud to e legitimate and common practice of executing a document after e event has already occurred. is is a fraud on e tax au orities, a criminal offence and is likely to get e lawyer who prepared e document disciplined by his regulator and possibly also charged as a co-conspirator. For obvious reasons, any request to backdate a document for ese reasons should be flatly turned down. But even if ere is no crime committed (for example, if e backdating was accidental so at ere was no mens rea) or if one simply disregards e criminal aspects, falsely dating a document negate e document under o er common law drines such as non est factum (not my deed ) or e rule in Pigot’s Case such at in e eyes of e courts, e document is treated as ough it does not . 30, · e question is: can e documents be backdated? e short answer is ‘no’. Giving a document a date which is earlier an e date when it was actually signed, would almost certainly constitute fraud. Obviously e ideal position is to put in place e legal documents in advance. Do not proceed if e document will impact ird parties (including e court, lenders as well as regulatory and tax au orities) or e backdating would violate a law, regulation or o er governing rules (including e lawyer’s rules of professional conduct). 27, · Make a list of your documents and k each one wi e element of fraud at it supports. For example, an advertisement at is misleading can be e false representation. e invoice where you paid a higher price shows you relied on e advertisement to your detriment. e amount on e sales receipt goes to show your damages.Views: 24K. 16, · In 1999, he resigned as France’s minister of economy and finance, to focus on his defence against an accusation at he backdated documents to justify his consultancy fees for work on a student heal insurance fund. He was acquitted in 2001. Fur er information on is story appears in a Los Angeles Times news report here. Whilst it might be tempting at times, backdating a document is never e answer! You might ink at your lawyer is just being difficult when ey advise you not to do it, but we promise, it’s for your own protection! Backdating a document is potentially a criminal offence under section 17 (false accounting) or section (false statements by company directors) of e eft Act 1968 and in certain circumstances it . 22, · Email: solicitor claimed she used personal email to create documents A family lawyer found to have fabricated and backdated letters across of host of cases – including child contact and domestic violence matters – has been struck off by e Solicitors Disciplinary Tribunal (SDT). A solicitor who backdated a document in a ‘blind panic’ has been told she can continue working in e profession - but only wi supervision. Naomi Duxbury-Tetley, a solicitor since 20, created. 06, 2009 · (i) contracts only be backdated, absent fraud, in circumstances where an original form has been lost or where terms have been fully agreed but signatures have been left to a later date and (ii) deeds never be backdated. . 28, · Backdating is e practice of king a check, contract, or o er legally binding agreement wi a date at is prior to e current date. Backdating is usually not allowed and even can be illegal. Backdating can cause a party assuming unanticipated indemnity or o er potential obligations. ere have been cases where documents have purposely been backdated wi a criminal intent or for a purpose of perpetuating a fraud or committing a crime. If you need help wi backdating documents, you can post your legal need on UpCounsel's. Apr , · e practitioner submitted at he had been trying to assist e client, at he was contrite, and at he had been tricked into signing e documents by e fraud of . A solicitor in e United Kingdom was suspended for nine mon s after he instructed his secretaries to backdate dozens of legal documents. Dean Russell Eas ope admitted to instructing his secretaries to backdate letters, court attendance notes, and o er documents while working as an associate in e criminal law department of a Midlands firm. Backdated documents are also likely to raise red flags wi e ATO as a sign of possible fraud. 3. ink about e consequences If you’re being asked to backdate documents, be ae at you be putting yourself at risk of breaking e law to make up for someone else’s lack of planning. Whe er backdating a document is appropriate depends on e backdating’s purpose and effect. Backdating to perpetrate a fraud is obviously une ical and illegal. However, backdating to memorialize a prior act or event is a legitimate and necessary practice. Past acts and events can – . 02, · Great care needs to be taken in pleading allegations of fraud or dishonesty. In particular e pleader needs to be sure at ere is sufficient evidence to justify e pleading. is was considered in some detail by Lewison J in Mullarkey -v- Broad  EWHC 3400 (Ch). is . Fraud cases are amongst e most complex legal cases to defend against and choosing solicitors wi in-dep knowledge of e Fraud Act and e modus operandi of agencies such as e SFO is crucial. If you’re under investigation for any alleged fraud, it’s essential to take specialist legal advice immediately. 25, · misleading a court, tribunal, a regulator (Solicitors Regulation Au ority v Spence EWHC 2977 (Admin.. lying on a CV and misleading partners in eir firm (Solicitors Regulation Au ority v Dennison EWCA Civ 421) backdating or creating false documents. When considering if conduct is dishonest, we apply a two-stage test. Forgery is a type of fraud at carries many of e same penalties as counterfeiting because e ree crimes often overlap. e penalty for forgery can vary a great deal depending on many factors, like e severity of e crime, e extent of e crime and whe er or not it was committed on a national level. 1. Payment Card Fraud: is type of fraud involves e use of stolen or counterfeit payment cards to make direct purchases or cash wi drawals. It also includes e use of stolen card data to buy items over e phone or via e internet. Crime Prevention Advice • Keep your card in a safe place at all times. Do not leave it lying around. to prepare, file, or assist ano er in preparing or filing, any application for benefits under is chapter, or any document required under is chapter, or any document submitted in connection wi such application or document, wi knowledge or in reckless disregard of e fact at such application or document was falsely made or, in whole or in part, does not relate to e person on whose. Solicitors and investment fraud ember Introduction 2 Common investment scams 3 Solicitor and law firm involvement 4 Case studies 7 Actions Fur er information 11. 2 Introduction In is year’s Risk Outlook we identified risks to e integrity and independence of solicitors as. 23, · What Types of Documents Can Be Falsified? Falsifying documents is usually part of a larger effort to commit ano er offense, such as fraud, tax evasion, or forgery, all in an effort to gain some financial advantage.While not exhaustive, you can be charged wi falsifying a document if you provide false information on official documents such as tax returns, academic transcripts, bank records. 26, · A government solicitor has been struck off for dishonestly backdating documents in an attempt to cover up his mistake after missing a court deadline in a high-profile case on behalf of e Ministry of Justice. Syed Tauseef Rizvi admitted at, while working at e Treasury Solicitor’s Department (TSol, now e Government Legal Department), he. e solicitor I engaged admitted it was fraud but I had no money to go to court. He said he would ask for sight of all documents and bank accounts, she did not provide em only e probate form filled in by her. She drove a wedge between me and mo er telling mo er I was making trouble!My mo er did not speak to me for 9 mon s al ough I was. 13, · Verbal Agreements and Back-dating Documents. Posted on uary 13, . In e commercial world ere is often a desire for documents to take effect before e date on which ey are ultimately signed. Typically is is where parties have reached an agreement and must wait while eir solicitors properly document at agreement. 09, · For e ird time in a fortnight e courts have sent out a clear message of e dangers of judges making findings of fraud wi out having all e evidence to hand. E CASE In Alpha Rocks Solicitors -v- Alade  EWCA Civ 685 e Court of Appeal overturned a . Feb 07, · Emily Scott was struck off despite reporting firm’s fraud e Solicitors Regulation Au ority (SRA) has robustly defended its ision to prosecute a former . 27, · Solicitors and advisers must be on e same page when it comes to e timing and delivery of e adviser’s ADV Part 2 and e solicitor’s disclosure document, as well as e signed/dated acknowledgment of receipt if such acknowledgment is contained in a arate document. Since e solicitor assumes responsibility for delivering e ADV. Feb 09, · Al ough criminal prosecution might be a risk in serious fraud cases, in most day to day legal matters where back dating occurs for reasons of administrative convenience, or . e solicitor who was arrested by fraud squad detectives yesterday was previously well known to Wilson but was never a suspect in e ioara murder. He was released wi out charge after being. 13, 1975 · One of e Government's key witnesses in e trial was Edd L. Morgan, a former White House attorney, who served a four‐mon prison sentence for his role in e backdating and tax fraud . 15, · Fraud and liar are bo ugly names, but only one will land you on e defense side of a civil lawsuit. At some point, telling lies goes from being a poor ision to a violation of e law. But ere are lots of circumstances in which it's not a legal problem, just a personal one. Knowing when lying becomes fraud is important, if only so. A property lawyer who used her expertise and forged legal documents to win a private dispute has been jailed in a bid to recoup60,000. Madasser Hussain, 44, and her husband Agha Rashid falsified e documents in a bid to recoup e money from e owner of a . Contact our expert fraud solicitors on 01616 966 229 or complete our online enquiry form. Types of banking fraud. Banking fraud is a common type of fraud and many people will have been touched by some kind of banking fraud. On a consumer level, ere are many different types of banking fraud scams designed to take money from depositors. Lawyer fraud (barrister and solicitor) Report is type of fraud to e Legal Services Board. Accountant fraud Report is type of fraud to your local police station. Real estate agency fraud e sort of documents offenders steal are credit cards, driver's licences, utility bills, bank and credit card statements, and any o er documents. 18, · However, as we all know, ings can and often do go 'wrong' in e execution of documents. see below for a handy guide for some (but not all) of e common mishaps at you encounter.. Oh no, it has not been signed as a deed If a document has not been correctly executed as a deed, it still take effect as a 'simple' contract provided. 22, · An experienced solicitor has been struck off for misleading e court over a backdated costs budget – but e Solicitors Regulation Au ority was heavily criticised as large parts of e case against her collapsed.. Angelina Rigby, admitted in 1993, was found to have acted dishonestly in applying for relief from sanctions using documents at had been recreated for e file to reflect an. solicitors negligence and liablility 06, Posted By Sidney Sheldon Publishing TEXT ID d3677739 Online PDF Ebook Epub Library of solicitors liability it is written by a team of practising lawyers who deal wi claims against solicitors on a daily basis it .