Please STOP gaslighting victims and end the culture of victim blaming claims Lawyer representing numerous pension and investment fraud victims.
Vanessa Challess, a solicitor of 20 years standing, has pointed to a worrying series of press responses from the HMRC press office recently, which she described as causing “great distress” amongst victims. She describes her clients as being “gaslighted” and “triggered” by HMRC’s responses which she said are “misleading and distorting the narrative as well as deeply harmful”.
Introduction
Challess has spent a number of years supporting victims of fraud pro bono in their struggles to fend off tax bills levied by HMRC, listening to their evidence, seeing for herself what she describes as a “warehouse of black and white evidence of complex fraud”.
She said she has been repeatedly hit by the suffering caused by HMRC’s treatment of victims which she said is “compounding the impact of the crimes and blaming the victims”. Ms Challess represents a group of investment & pension fraud victims from all different walks of life including key workers as well as high profile sports professionals and reports that the frauds and financial misconduct that were perpetrated upon them were “deeply personal in nature, criminal certainly in many cases, long winded, well planned and complex”. She admits that the complexity seems to add to the challenges. HMRC are either “unable or unwilling to properly consider the evidence” she reported.
She expressed frustration and concern at HMRC’s press office, “consistently swinging back to the “if it’s too good to be true” story and castigating the victims as “tax avoiders” when she said they have in actual fact in many cases been classified as victims of crime by the police and “some are involved or have been involved in long and complex active police investigations”.
She urged caution saying “other than being really harmful to victims, this can also be damaging to these investigations”, with the added concern that it is “also going to put off victims from reporting”. “What is the point reporting crimes to the police if HMRC are publicly heaping all the blame on you?” She said. Challess gave evidence on behalf of her clients at the Investment Fraud APPG Inquiry into the tax treatment of investment & pension fraud victims, in November 2023 alongside extremely eminent senior parliamentarians and peers, sector experts and campaigners. She described how she listened to victim testimony and was “impacted and disheartened by the similarities in each case: “Regulated financial advisors cementing personal relationships with intended victims, monies moved, victims deriving no benefit, HMRC demanding tax on sums that victims had not personally received and stories of such intense personal misery that one has to remind oneself that we are talking about the conduct of a government body here”.
She said one story in particular was heartbreaking: “had the authorities taken down the fraudulent scheme in question when they should, one member of the group would not even have been in the room, it wouldn’t have happened to him some four years on.”
Challess commented on HMRC’s statements such as , “We do not tax scam victims on income they lost if the scheme they entered is allowed within tax legislation.....Customers should be very careful when considering entering any scheme as they are legally accountable for their tax affairs. If something sounds too good to be true it almost certainly is.” She added. “This is as good as a physical punch to the gut for my clients and all victims of fraud. Let us not forget that these victims were advised by FCA regulated individuals, which seems to be worth nothing. The victims feel they are being castigated by HMRC as tax avoiders and yet the government itself – former prime minister Gordon Brown no less in some of my clients’ cases – recommended certain schemes and actively encouraged their participation. Some of these victims are key workers- nurses and fireman. They take great offence, and rightly so, to being described as tax cheats. They are on our front line. Nobody knows better than them how desperately important it is that everybody pays their fair share towards our crumbling public services”.
She continued “As a woman, I do not draw this comparison lightly. This is HMRC taking a ‘short skirt position. This is victim blaming, gaslighting, reductive and single minded at best. It is an authority that appears to be actively working against victims, not going after the perpetrators (when it has extensive law enforcement powers gifted to it to do so) but the victims as “easy pickings”.
She says “HMRC say they are simply following the law but it must remember it’s own charter and not risk victims’ lives. She urged the Treasury to intervene. “If HMRC genuinely feel that their hands are tied, then it is essential that the Treasury intervene and change this policy and practice as it’s simply immoral and causing deep distress and damage to victims of crime” she said.
Challess says she has worked pro bono representing victims affected by this issue for a number of years with a vast number of like- minded professionals, who are simply being ignored. She said, David v Goliath style, they have been fighting the vast publicly funded HMRC machine without financial resource simply because they believe that it is the right thing to do and in the national interest of this country.
She stated that victims are not only at a financial disadvantage, in some cases they cannot fully discuss their cases to the media, because of a risk of trial by media. She described a complete “inequality of arms” and said it is desperately important that HMRC change their approach because many of her victims are being pushed to the “brink of suicide” by these behaviours. She continued “as long as the system continues to focus all its efforts and resources on blaming and collecting from victims, the real tax cheats - the perpetrators of these crimes - are simply going to get away with it and do it again”
Call to Action
“Reform is long overdue and urgently needed”, said Challes. She urged the government to intervene and HMRC to change their approach. “Please understand that my motivation is simply to help better-protect the public from criminals and to ensure that investment fraud victims (who include my clients) are treated more appropriately and more fairly.” She said. “I am talking about victims who have already suffered life-changing financial losses and are in a state of emotional shock suffering a significant injustice at the hands of our state.” “It is time for fresh thinking and bold action to change the way Investment & Pension Fraud victims are treated” and to work constructively for better outcomes”
She concluded. Victims of crime should be supported to rebuild and recover - not blamed. Institutional change at policy level is desperately needed, she said.

