Prosecuting a limited company

[jaycos83]

If prosecuting a sole trader i know that the sole trader will be the one facing charges directly. But how does it differ if prosecuting a limited company?

Lets say we prosecute the company. How is the penalty handed down to a limited company?

 

[Newchodge]

You can only prosecute anyone if they are charged with a criminal offence and you are a prosecuting authority (CPS, RSPCA, Trading Standards etc).

Do you mean sue?

 

[jaycos83]

I bought some items from a UK limited company. They sold these goods to me and said that they where genuine items.

I'm pretty sure that they are fake. I have contacted the company and they proclaim that they are indeed genuine.

If i open up criminal proceedings how does it differ going after a limited company as opposed to a sole trader?

I have also informed the actual company of the item in question. If they decide to go after the limited company in court what will happen?

 

[Newchodge]

You cannot open up criminal proceedings.

You can report them to trading standards. If they decide to prosecute then you may be called as a witness.

There is no difference between 'going after' a sole trader or a limited company. The directors of the limited company are the ones who are prosecuted.

 

[jaycos83]

I will contact trading standards tomorrow as its a little late now.

Lets say if trading standards do get involved. Is it possible that the directors of this company will be sent to jail?

 

[Newchodge]

Yes it is possible. How likely is impossible to say.

 

[jules12345]

Why not ring the cops ?

J

 

[arcon5]

Don't get ahead of yourself here. TS aren't known for speed and rarely take on individual cases. If the company cooperates its likely they will agree a plan on going forward if the deceit is inadvertent.
The police may not even want to get involved, they often refer to what should be a criminal matte to a civil matter.