Fraud Investigation

[aryan57]

Can anyone help with tips please on how best to handle an allegation of benefit fraud? My son has been told that his Housing Benfit has been stopped because he has £25000 in an acount which has not been declared. This account does not exist. He does have a very common name and fears that he may be the victim of identity fraud, someone is using his name and Social Security Number. This happened to me 4 years back and it was the very devil to get sorted. So far our requests to have the allegation put to him in writing with details of the alleged account have been ignored. Now they want to interview him under caution and record everything. I have persuaded my son to give me a Power of Attorney so I can represent him, as I have been studying the freeman way for a good while now and I am not easily intimidated. I feel I stand a better chance of getting them to reveal what is behind this than he has. Anyone else been there, done that? I would love to have the benefit of your insight.

With love to all my brothers and sisters.

[yozhik]

Can anyone help with tips please on how best to handle an allegation of benefit fraud? My son has been told that his Housing Benfit has been stopped because he has £25000 in an acount which has not been declared. This account does not exist. He does have a very common name and fears that he may be the victim of identity fraud, someone is using his name and Social Security Number. This happened to me 4 years back and it was the very devil to get sorted. So far our requests to have the allegation put to him in writing with details of the alleged account have been ignored. Now they want to interview him under caution and record everything. I have persuaded my son to give me a Power of Attorney so I can represent him, as I have been studying the freeman way for a good while now and I am not easily intimidated. I feel I stand a better chance of getting them to reveal what is behind this than he has. Anyone else been there, done that? I would love to have the benefit of your insight.

With love to all my brothers and sisters.

From what you have written, you seem to be on the right path.
An allegation has been made; you have rights (both legal and lawful) to request the proof of the allegations.

Failure to provide the "proof" is the equivalent of it not existing.

Here are some Maxims of Law which may be relevant;

Actore non probante reus absolvitur.
When the plaintiff does not prove his case, the defendant is absolved.

Affirmati, non neganti incumbit probatio.
The proof lies upon him who affirms, not on him who denies.

Ei incumbit probatio qui dicit, non qui negat.
The burden of the proof lies upon him who affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 Phil. Ev. 194; 1 Greenl. Ev. 74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv Inst. n. 4411.

Injuria non praesumitur.
A wrong is not presumed. Co. Litt. 232.

Lata culpa dolo aequiparatur.
Gross negligence is equal to fraud.

Probandi necessitas incumbit illi ui agit.
The necessity of proving lies with him who makes the charge.

Probationes debent esse evidentes, id est, perspicuae et faciles intelligi.
Proofs ought to be made evident, that is, clear and easy to be understood. Co. Litt. 283.

Ubicunque est injuria, ibi damnum sequitur.
Wherever there is a wrong, there damages follow. 10 Co. 116.

Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum.
It is a slander of him who a reproachful thing is said, or concerning whom an infamous song is made. 9 Co. 60

[aryan57]

Thank you so much for those latin maxims of law, I shall make use of them. I have drafted a Power of Attorney which contains a section: Special Purpose for which The Power is Given:

To act on behalf of the Principal in the the matter of certain allegations made by persons de facto who have neglected to show proof of such allegations, contrary to the Common Laws of England, which laws are the inalienable birthright of the Principal. The Principal grants his Attorney full powers to investigate all allegations of misconduct, to demand of those persons making any allegation, full disclosure under penalty of perjury under Oath or attestation. The principal claims the right to have all allegations tried in a Common Law court and heard by a jury of peers.The Attorney may also make use of a Notary Public to have evidence placed in the public domain as a matter of record.

Since this is a Power of Attorney, I dont think I should add any more to it. Anything else should be on a Request for Clarification docuement. Any comments welcome.

Love and light to all my brothers and sisters on this forum.