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Fraud by False Representation (UK)

Discussion in 'BlackHat Lounge' started by dienummer, Aug 13, 2013.

  1. dienummer

    dienummer Junior Member

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    Any internet marketer had any trouble using fake profiles for email-marketing? A friend got charged by UK police for fraud by false representation! Is it common in the UK? I am really worried about him :(
     
  2. Savvy

    Savvy Newbie

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    It's increasing. I was charged with 6 counts of fraud by false representation (fake profiles for email marketing, facebook, reviews ), I've got bailed the same day without bond or any rules, got back in 60 days, police officer said that I'll be "warned" in other words I'll be given a police caution. I declined that because I haven't made any profit from those accounts yet and ( + there is no actual victims ) so my lawyer fixed up and charges were dropped.

    I've spoken with the officer who charged me ( metro ) he said metro is getting more and more complaints about ( fake social media profiles and stuff ) and they gotta act. It's most likely competitors are reporting that if they feel you can affect their income.

    EDIT: If your friend was bailed, tell him to get lawyer right now. If he's bailed its either minor offence or they have no evidence against your friend, just suspicions. So If he did not used lawyer during his arrest, better he hires one now.
     
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  3. dienummer

    dienummer Junior Member

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    he got bailed the same day but he got charged! His competitors filed the case against him saying the loss to them would be 6 million pound if he did sell their client list! They will probably take the poor guy to crown court. He has a solicitor but he isn't sure if there are specialist solicitors for these kind of crime in the UK, being an online marketer made him paranoid so he doesnt rely on the google search result for solicitors. he is really shaken by all these and I really want to help him but don't know what to do..
     
  4. Savvy

    Savvy Newbie

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    When it come to Fraud Act, especially when it comes to online fraud, UK police like to gamble with the case. What I mean by that, they will always charge you even if they only have crime report from private person..but it also could be that your friend talked without lawyer, and said I'm guilty in other words. you really need to be careful when you speak with police officer in the interview room. Anyway, if he got bailed without bond and no restrictions and if police asked to come back within 30 or 60 days it's most likely they have no real evidence which would stand in court. He really should ask his lawyer to obtain any available information that police hold about him ASAP. But if police told him you can go home until the court hearing ( not come back to police station for another interview ) that means they have something real about your guy and he'll have to stand a trial.
     
  5. dienummer

    dienummer Junior Member

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    He got re-bailed once since they didnt finish checking his computer/phone yet (they had a section 7). When he went back 2nd time he got charged. Do you happen to know any good Fraud solicitors? I'll recommend to him.
    Thanks a lot for replying x
     
  6. Savvy

    Savvy Newbie

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    Well then they have something on him. Did he actually introduced himself as a another person to the client or other businesses?

    I don't know any fraud solicitors as I used my personal and regular lawyer. You should post your problem in justanswer site, there you can find great lawyer who maybe understand that all internet marketing + fraud stuff.
     
  7. CyHead

    CyHead Regular Member

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    "my friend"
    sure ;) - just come out and say it's you. I'd say lawyer up - sure it might cost a lot of money, but how much is it worth to you to stay out of prison?
     
  8. dienummer

    dienummer Junior Member

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    Lol. no not me. I have a big crush on that guy thats it :S

     
  9. phracktl

    phracktl Regular Member

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    Rule 1: Never talk to the police. https://www.youtube.com/watch?v=6wXkI4t7nuc

    Caveat: Not a lawyer, this is not legal advice, but trying to give info the best that Im aware. And i dont know everything.

    I'm dubious that merely using 'fake' social profiles and made up identitites etc. is itself false representation. It would depend on their being used for fraudulent activity. (Otherwise, Eben Pagan's up to his neck in it). In the UK you can trade under any name, although there are attendant formalities to take care of.

    There are few decent solicitors. They have an oath to the bar which overrides any concern for their clients and are generally just happy to churn through cases. Try Tuckers though
     
  10. Goal Line Technology

    Goal Line Technology Senior Member

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    In UK you could get free Legal Aid?
     
  11. chriswick

    chriswick Registered Member

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    It's not illegal to make stuff up so long as you disclose it, most of TV advertising is based on factitious stories, events that never happened and products people just don't really use. It's all acting.
     
  12. Savvy

    Savvy Newbie

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    You can. But remember, there is a reason why it's Free!
     
  13. ShabbySquire

    ShabbySquire Power Member

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    I understand if he was charged for spamming emails, but something doesn't ring true with this. Most people on the net use pseudonyms for social sites.
     
  14. Savvy

    Savvy Newbie

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    That's exactly right. Pen names, pseudonyms and stuff. But maybe during interview he said I found this name using search engine and then created account on it. = and that sounds like guilty plea to me.