Intent at the Time
The question is what was intended when the representation was made, not what happened afterwards.
Fraud requires deception and an intention to deceive. A business that failed, a project that did not deliver and a debt that went unpaid are not fraud simply because someone lost money, yet complaints are frequently framed exactly that way.
Dubai Legal Expert defends individuals and companies facing fraud allegations across the UAE, including investment disputes, commercial fraud, deception complaints and cheque related matters.
Fraud under the UAE Penal Code turns on deception used to obtain money or property, together with the intention behind it. Establishing that a representation was false when it was made, and known to be false, is a different exercise from showing that a venture did not succeed.
That distinction is the centre of most fraud defences. Business plans, correspondence, accounts and the actual use of the funds usually demonstrate whether there was genuine commercial intent at the time or not.
Contact UsCases where a representation is alleged to have been false and used to obtain money or property.
Defence where an unsuccessful venture or an unpaid obligation has been reframed as criminal deception.
Cases involving goods, contracts, invoicing and dealings between businesses.
Defence in the situations where cheque matters still carry criminal exposure under the reformed framework.
Where the offence permits settlement with the complainant, that route is pursued as it can end the case.
The question is what was intended when the representation was made, not what happened afterwards.
Accounting evidence showing that money was applied to the venture rather than diverted is frequently decisive.
The full exchange between the parties usually shows what was actually represented and what was assumed.
Many fraud complaints are commercially motivated and can be resolved through settlement where the law permits.
Coordination where a civil claim or execution proceeding runs alongside the criminal complaint.
Business reputation is managed alongside the defence, with disclosure kept to what is necessary.
A significant proportion of the fraud complaints we defend are commercial disputes in criminal form. An investor lost money, a supplier was not paid, or a project did not complete, and a criminal complaint is used as leverage to recover the loss.
The defence is built by showing what was actually represented, what the funds were used for, and that the venture was genuine at the outset. Where the records support that, the case is a commercial dispute rather than a criminal one, and it should be resolved as such.
Establish intent at the time, document the use of funds, then resolve.
We advise before any statement is given, since representations are easy to describe imprecisely under pressure.
Agreements, business plans, correspondence, invoices and accounting records are gathered promptly.
Accounting evidence is prepared showing how money received was actually applied.
Written submissions distinguishing commercial failure from deception, which can result in closure of the file.
Where the offence permits settlement, the complainant is engaged, as commercial motivation often makes this achievable.
Full defence at trial with appeal prepared where the outcome requires it.
The venture failed and the investor filed a complaint. The accounting evidence showed every dirham went into the project.
They dealt with the criminal complaint and the civil claim together so the two did not undermine each other.
Fraud generally involves the use of deception to obtain money or property, together with the intention to deceive at the time the representation was made.
Not in itself. Commercial failure is not fraud unless there was deception and intent at the time, which is why the records from that period matter so much.
For certain offences, reconciliation with the complainant can bring the criminal case to an end, and commercial motivation often makes settlement achievable.
Criminal and civil proceedings frequently run in parallel, and they must be coordinated so that positions taken in one do not damage the other.
Most bounced cheque matters are now handled through civil execution, with criminal exposure remaining in specific situations such as bad faith stop payment instructions.
Travel restrictions can accompany a fraud complaint, which is another reason to take advice promptly.
Bring us the agreements and the accounts. Commercial failure is not fraud, and the records usually show it. The first consultation is free.
Office No. 9C, 9th Floor, Dubai Creek Tower, Next to Land Department, Deira, Dubai, UAE
Dubai Legal Experts provides trusted legal advocacy across the UAE with experienced lawyers and clear legal guidance.