No Further Action in Power of Attorney Fraud Investigation

The Client

Our client was a woman in her 50s with a reputation for trustworthiness and reliability within her family. She had been appointed attorney for an elderly relative, a role she took on with a sense of responsibility and duty. That trust was placed under immense strain when she was arrested on suspicion of fraud by abuse of position, accused of misusing funds from her relative’s personal and business accounts.

The Allegations

The police alleged that, while acting under a power of attorney, she had diverted funds for her own benefit. She was interviewed under caution, and later returned voluntarily for a second interview where she provided a prepared statement. With the investigation underway, the police were considering whether to send the case to the Crown Prosecution Service (CPS) for a formal charging decision.

Our Strategy and Work

It was immediately clear that the allegation rested on shaky ground. From the outset, we recognised the importance of proactive engagement before the case reached the CPS. Waiting passively would have left our client vulnerable to a charging decision that could have been avoided with the right intervention.

We prepared detailed written representations that set out, with precision, why the matter should not proceed. We demonstrated that there was no evidential basis to sustain an allegation of dishonesty. As a major beneficiary of the estate, our client had a clear entitlement to make financial decisions, and we obtained corroboration from the family’s long-standing accountant confirming that the loans in question had been authorised.

We also highlighted the distinction between civil and criminal liability, drawing directly on the CPS’s own guidance under the Fraud Act. At worst, this was a matter of naivety or a civil dispute, but it could not properly be framed as a criminal offence. Finally, we addressed the public interest test head-on. Our client was of good character, no other beneficiaries had suffered loss, and the effect of prosecution would have been wholly disproportionate when measured against the realities of the case.

Alongside these arguments, we supplied contemporaneous records, correspondence, and supporting witness evidence, ensuring that the investigating officer had both the legal framework and the factual material necessary to conclude the matter without escalation.

Outcome

Our representations gave the police a clear and justified path to bring the investigation to an end. The matter was closed with no further action and was never referred to the CPS. This decision spared our client the ordeal of criminal proceedings, protecting her from the stress, cost, and reputational damage that a prosecution would have brought.

Comments from Jared McNally

“Pre-charge representations are a tactical weapon. Too many defence teams sit back and wait for the CPS to act. We don’t. We step in at the earliest stage, expose the weaknesses in the case, and give investigators a reason to stop before charges are laid. That can mean the difference between a client spending years in the criminal courts or walking away without a charge on their record.” — Jared McNally, Clifford Johnston & Co.

Clifford Johnston & Co is a leading Criminal Defence Firm in specialising in Pre-Charge Representation, based in Manchester and representing clients across England and Wales on a privately funded basis. We provide strategic advice and robust advocacy during the early stages of a Police Investigative Defence when your liberty or reputation is under threat.