Conspiracy to Defraud
When two or more people agree to dishonestly deprive a person of something that belongs to them, knowing they do not have the right to do so, then they may be guilty of conspiracy to defraud. It does not matter if the plan works, as the key issue is the agreement. There are many different agencies that can be involved in what can be very complex investigation, such as:
- Crown Prosecution Service
- HM Revenue and Customs
- National Crime Agency
- Serious Fraud Office
- City of London Economic Unit
- Financial Conduct Authority
- Trading Standards
These organisations investigate a wide range of suspected frauds, including:
- Ponzi schemes
- Money laundering
- Identity fraud
- White collar crime
- Tax fraud
- Boiler room scams
- Financial fraud
- Internet fraud
- Property fraud
Monarch’s specialist lawyers understand how damaging an allegation can be to a company, and how important it can be not to accidentally make an admission which can result in imprisonment and later confiscation proceedings. It is important for you to know, and which is often misunderstood, that the duty is on those organisations to prove so a jury would be sure that you were in agreement with others and you were intentionally dishonest in trying to cause someone to lose money.
Contact our Litigation Solicitors:
If you are being investigated or prosecuted for conspiracy to defraud please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our litigation solicitors in Manchester on 0330 127 8888 for a no obligation discussion.
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There are currently two types of conspiracy to defraud:
- The first is an agreement between two or more people to dishonestly deprive someone of something that he or she is entitled to. This can also include just exposing the person to an economic risk or disadvantage. There does not have to be an intention to deceive the person.
- The second version of the offence requires two or more people to have a dishonest agreement to defraud someone by deceiving that person into acting against his or her duty. This often involves frauds where public officials are deceived and the fraud occurs as a result or can perhaps even include people who owe a duty to, for example, their clients or even their employers.
Conspiracy to defraud is an indictable only offence, meaning it can only be heard by the Crown Court. It is punishable by up to ten years’ imprisonment or a fine or both, although sentences of the maximum length are quite rare, and are usually only given in the most serious cases.
There is no single answer to the question of good preparation in fraud cases. Some of the fundamentals that a client might expect of his or her solicitor include:
- A knowledge of business and commerce
- The ability to predict the prosecution’s motivation and strategy
- Knowing the evidence in the case
- Really getting to know the client and the culture of the relationships in the case
- Choosing an excellent and appropriate barrister
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