HMRC announced their first arrest concerning suspected bribery in the Coronavirus Work Retention System (‘CJRS’). It was just a question of minutes, and it is not just scammers who should be worried – all companies who received financial assistance from the UK Government during the COVID-19 disease outbreak might face investigation and will be well served to take steps now to help make sure that they are completely covered.


On 9 July 2020, HMRC released a press statement reporting that a 57-year-old suspect was held as part of an inquiry into an alleged CJRS scam of £495,000. Electronics and other computing equipment have been confiscated and assets kept in a bank account belonging to his company have been seized. The man was also charged in connection with attempted multi-million-pound tax fraud and possible money laundering charges, together with eight additional suspects, as part of a related operation involving the relocation of more than 100 HMRC agents to various locations. 

The CJRS is arguably the most important of the numerous tax-based initiatives placed in place by the UK Government to help corporations and people deal with the COVID-19 disease outbreak. According to such requirements, the CJRS requires contractors to apply for a subsidy to offset a large part of the salaries of their workers that stay on pay but do not work (known as “furloughing”). As per the HMRC, many as £27.4 billion has indeed been received under the policy, helping nearly 1.1 million employees and 9.4 million furloughed workers. HMRC has also admitted that the CJRS is vulnerable to violence, but this new statement could have been a matter of time. However, this is a comparatively quick approach as opposed to other tax-related fraud efforts that also require considerable time to build traction.


While the Crown Prosecution Service (‘CPS’) is solely accountable for determining if criminal proceedings can be brought against a client, HMRC is accountable for reviewing alleged tax avoidance or cheating and then for issuing a report to the CPS. Judicial inquiries can follow a very different path than HMRC’s civil inquiries which typically take a long time to plan. Even so, the UK Government is very keen to root out any abuses of CJRS and other service transfers to COVID-19 (such as ‘bounce back’ grants and the Covid Business Lending Facility) and we can now see that inquiries are being resolved quickly in terms of giving a strong public warning.

The HMRC press release reporting the arrest urged those with some knowledge to step forth and made it perfectly obvious that they “would not feel compelled to respond on allegations of violence.” A self-reporting platform is open, and you might think that these records might become valuable information for investigators. Such findings will accelerate the pace at which HMRC will execute in the case of CJRS theft, which means that anyone accused will have less time than average to plan for their protection.

As a component of their felony prosecutions, the HMRC can perform searches of residential and corporation facilities under a court order, which are sometimes refers to as “dawn raids” since they usually take place early morning. As well as appearing disturbing and frightening to any workers or loved one’s present, the quest for HMRC can be time-consuming and difficult. In the case of surveillance, it is essential to analyze the court order to obtain the necessary legal counsel as soon as practicable, and those who are met with the warrant should respectfully recommend that the HMRC not start the investigation until their defense representatives have arrived.

That being said, the court order would usually limit the time for the investigation to happen and HMRC is expected to be hesitant to prolong the process. HMRC agents are not required to wait on a law staff and they mustn’t be actively blocked in any manner whatsoever. During the examination, it is vital to guarantee that HMRC personnel are followed, whenever possible, while all records checked, replicated, or discarded are retained in the facilities and the database. HMRC agents are not allowed to inspect or capture any content subject to lawful ethical protection, and the legal staff will be required to aid with the discovery of any such information.


The arrest in this scenario was of a person who is believed to have committed fraud against CJRS following the organization. It is more possible that, considering the lengthy challenges in breaking the “corporate curtain” of criminal cases, we will see corruption proceedings like this in people rather than for a business entity in fields such as tax cheating or bribery. Even so, it is not just people that should be mindful of this. As well as a variety of violations (legislative and common law) that can apply to a business entity (relating to the “corporate curtain” problem alluded to above), strict corporate responsibility violations under the Criminal Finance Act 2017 (the “CFA”) may be appropriate for this furlough fraud.

In essence, CFA violations apply when a “related entity” (any business or collaboration body, wherever it is established) fails to prohibit a “connected individual” from encouraging tax evasion. For these reasons, ‘partners’ will include staff – but the term is narrowly worded to include anybody who provides assistance for and on account of the body involved. This implies that laws will theoretically capture any company that has implicitly aided people accused of tax evasion. There is no requirement for expertise or direct intervention by senior management – the only protection in law is to provide “fair preventive measures.”

It is indeed important to remember that this danger is not only posed by firms who may have engaged in some fraud concerning the CJRS itself, but also by all independent individuals who support companies such as auditors and tax attorneys. We will see situations in the coming years where those individuals have unintentionally aided firms to make allegations and are under review to realize the scope of their information, the CFA would therefore extend in this regard.

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