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Cyber crime is a term that encapsulates any criminal activity using computers or the internet. It pervades many different areas of criminal activity and is now an increasing feature of prosecutions commenced by the Crown Prosecution Service (CPS), the Serious Fraud Office (SFO), the Financial Conduct Authority (FCA) and virtually all other prosecuting agencies. As technology advances at a rapid rate, so does the potential for cyber crime and its increasing appearance in very many investigations and prosecutions. The rate of advance in technology only accelerates its deep complexity and potential for involvement is most allegations investigated by prosecuting agencies.
This complexity means it is also vital to have lawyers who are specialists in the field. HJA have been involved in countless cases that have featured cyber crime. We have successfully defended individuals and corporates in investigations and prosecutions with a cyber crime element.
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Those where a computer and/or the internet is used as the means by which to commit criminal activity. There are a vast number of offences including financial crime and sexual offences.
Those where the target of the criminal activity is an electronic device such as a computer. This might include criminal offences like computer hacking, cybercrime attacks on computers and systems, maliciously creating/spreading computer viruses or forms of identity theft including phishing and identity spoofing and even spamming.
Practically, there are offences that can be committed under specific acts of law that deal primarily with computers and electronic devices, for example offences committed under the Misuse of Computers Act 1990 which covers:
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In addition to these specific offences, there is a much wider array of offences with a cybercrime element to cover many more circumstances:
The HJA lawyers are considered the UK’s leading experts in both sexual offences and financial crime and can assist with any matter where this is an issue. We have acted in very high profile and complex matters involving cybercrime, routinely securing very successful outcomes for our clients.
Partner Kiran Mehta acted for a Chief Financial Officer in conjunction with an investigation relating to the theft of many millions of euros of cryptocurrency from a global cryptocurrency exchange.
Partner Raj Chada acted for a bank employee who placed an electronic device on an internal computer. The device assisted his co-conspirators to transfer £1million overnight to their own accounts. This was a ground breaking investigation Hodge Jones & Allen Solicitors acted, reviewing banking analysis, internal CCTV and expert evidence in relation to the electrical devices
Partner Raj Chada advised someone alleged to be involved in a fraud covering the UK and US, involving hundreds of fictitious bank accounts and false bank cards – with potential victims transferring money to these accounts via the internet. Hodge Jones & Allen Solicitors acting in ongoing investigation, scrutinizing the police investigation and its efforts.
Partner Kiran Mehta advised an individual in connection with a sexual communications offence involving the use of social media sites and telephones.
We will never perceive the cybercrime element of a case as a potential strength in the defence case. The cybercrime element in a criminal investigation or prosecution, whilst complex, is often difficult for prosecuting agencies for a variety of reasons:
Our top ranking team have years of experience representing the innocent. We stand up to the prosecution who will always be represented by an experienced solicitor or barrister. We know how to fight and win cases.
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If you are calling outside our offices hours (9:30am to 5:30pm) call our free phone 24 telephone 0844 8480 222. There will always be someone at the other end of the telephone to assist you.
We can act defending individuals and corporate entitles alleged to have committed cyber crime offences. Likewise we have assisted individuals and corporate entitles who have been the victim of cyber crime offences, for example in civil fraud actions to recover funds stolen as a result of cyber crime.
Other states are often requesting the extradition of individuals from the UK to face charges relating to offences that involve cybercrime. Often a defence objection to such an extradition request will centre round the cybercrime aspects. In this regard, we have one of the UK’s leading extradition departments who can provide advice on the international element of a cybercrime matter. Quite often any sort of alleged cybercrime perpetrated using a computer over the internet goes beyond international borders and, to that end, advice is required from experts on mutual legal assistance and extradition.
Crimes committed over the internet could be committed in a number of countries. It is vital to seek advice from lawyers who can assist with all aspects of the case. HJA has the criminal defence, financial crime and extradition knowledge and experience to guide you through this.
The types of offences that have the potential for a cybercrime element that we can assist you with are:
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