What is Conspiracy to Defraud?

Conspiracy to defraud is a serious offence which carries a potentially significant penalty if you are found guilty.

Here, we discuss exactly what conspiracy to defraud is, what penalties you could face if you are found guilty and what may happen if you are arrested on suspicion of conspiracy to defraud.

What does conspiracy to defraud mean?

It is important to note that conspiracy to defraud is considered a common law offence. This means that it had not been defined in a specific Act of Parliament and has instead been created by the courts.

Simply put, conspiracy to defraud is a dishonest agreement between two or more parties to carry out a plan which prejudices the rights of someone or deprives them of something to which they would otherwise be entitled.

Notably, you do not need to have participated in a specific act that is inherently criminal to be charged with conspiracy to defraud.

For example, renting out an office space as part of a plan to defraud someone could result in a charge of conspiracy to defraud, despite the act of renting an office not being a crime in itself.

It is also important to note that the alleged fraud does not need to have been carried out for someone to be charged with conspiracy to defraud. All that is required is proof that someone conspired or planned to defraud someone else.

Conspiracy to defraud is triable on indictment only, which means that prosecution will automatically take place in Crown Court, as opposed to a Magistrates’ Court.

What penalties can you face for conspiracy to defraud?

The maximum sentence for conspiracy to defraud is ten years' imprisonment, a fine, or both, under section 12(3) of the Criminal Justice Act 1987.

In England and Wales, judges sentence the offence using the Sentencing Council's Fraud guideline, which sets a range from a discharge up to eight years' custody. Where a case sits within that range depends mainly on the role you played and the level of planning involved (culpability), and on the financial loss caused or intended and its impact on any victims (harm).

How can conspiracy to defraud be proven?

Conspiracy to defraud is built on an agreement, so the prosecution must prove that you agreed with at least one other person to pursue the plan, and that the agreement was dishonest. The plan does not have to involve conduct that is a crime in itself. As with any criminal charge, the jury must be sure of your guilt before it can convict.

Prosecution teams will typically seek to acquire a range of evidence relating to the case, including computer records, paperwork, mobile phone records and witness testimonies.

Evidence may well come from the person who believes they were at risk of being defrauded or, in the case of businesses, whistle-blowers or auditors.

What defences are there against conspiracy to defraud?

Defences against conspiracy to defraud are likely to focus on a number of things. For instance, a defence case may focus on whether there was actual contact between the accused parties and, if there was contact, what was specifically agreed.

Depending on the circumstances, it may also be possible to challenge the admissibility of evidence. This could involve disputing the potential legality and authenticity of phone records or informant evidence.

A defence case could also focus on the actions of the police. If the police did not follow the correct procedures, the defence can ask the court to exclude evidence obtained unfairly and, in serious cases, to stop the prosecution altogether.

What happens if you are arrested on suspicion of conspiracy to defraud?

If you are arrested for conspiracy to defraud, you will likely be taken to a police station for questioning. Where this is the case, it is vital that you request the presence of a criminal defence solicitor, who can provide carefully prepared advice and guidance.

Legal advice at the police station is free, whatever your income. You can ask for a solicitor from a firm you choose, or for the duty solicitor.

Following a police interview for conspiracy to defraud, you may be:

• Charged with a specific offence
• Released under investigation
• Released with no further action

If you are charged with an offence, you will either be released on bail or remanded in custody to await trial.

Contact our serious fraud solicitors today

For advice on accusations of conspiracy to defraud, or any other criminal law matters, please contact our expert serious fraud solicitors in Bournemouth.

We are a dedicated criminal defence firm in Bournemouth, Dorset and our team are recognised as one of the leading teams of criminal lawyers in the region. We have a wealth of experience defending clients at the police station, during criminal investigations and at court hearings.

Our team have years of practical experience in handling serious fraud cases, including conspiracy to defraud. As a firm, we are members of the Law Society Criminal Litigation Accreditation Scheme for our high level of skills and ability to help our clients achieve positive outcomes.

You can call us on 01202 552777, email mail@renshawderrick.co.uk, or fill in our online enquiry form.