05th December 2017
Conspiracy to Defraud
A conspiracy is an agreement between two or more people who are planning to act unlawfully by deceiving somebody else for their own personal gain. You do not have to actively carry out the alleged offence in order to be charged; planning a fraud may be sufficient evidence for you to face prosecution. If you have been accused of being part of a conspiracy to defraud, it is in your best interests to get in touch with a solicitor as soon as possible and we will deal with your case from the outset. We are available to represent you anywhere within the country and will defend your case for you in court if necessary.
Free initial telephone consultation
Our highly skilled Fraud team are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call Gary Broadfield on 0161 833 1411 or email Gary.Broadfield@cartwrightking.co.uk.
Conspiracy to defraud and the law
A conspiracy to defraud is a complex area of law and allegations of conspiracy can take many forms. The most important part for you to understand is that for a conspiracy to be made out there must be a meeting of minds between one or more of the individuals in the conspiracy – either directly or indirectly. You do not necessarily have to perform a physical act in order to be found guilty of committing a conspiracy to defraud.
Examples of where a conspiracy can occur can include, but are not limited to the following:
- Deceiving somebody who is in a position of responsibility – This is where two or more people make an agreement to defraud an individual by deceiving them into acting against their duties and most commonly being involved in the fraudulent act itself, essentially acting as the ‘fall guy’.
- Expose somebody to certain loss or risk – Again, this relies on an agreement between two or more people to dishonestly deprive someone of something that is rightfully theirs. This is most commonly achieved by exposing them to a certain disadvantage or economic risk.
If you are accused of acts such as those above then you may have conspired to defraud and you could be faced with serious prosecution. If you have been deceived into committing a fraudulent act on the behalf of others, then one would hope that the prosecuting agency (CPS, SFO, HMRC, NCA etc.) would not prosecute as you will be deemed to be a victim as part of the conspiracy to defraud. However you may have been caught up or positioned in a potential conspiracy, you should take advice from a solicitor as soon as you are able.
What punishment could you face?
If you have been charged with conspiracy to defraud, your hearing will ultimately take place in a Crown Court where you could potentially receive a maximum sentence of 10 years imprisonment, an unlimited fine and confiscation proceedings. In order for this to happen, the burden is on the prosecution to prove that you have acted dishonestly, which rules out somebody who did not know that they were committing a fraud and have essentially been used as the ‘fall guy’.
During the hearing, the jury will have to take two aspects into account which are in general terms:
- Were your actions dishonest in accordance with the standards of honest people
- Did you consciously know that what you was doing was dishonest in accordance with the standards of honest people
If the answer to these is ‘yes’, then you will be found guilty and face the consequences for conspiracy to defraud.
How we can help
If you have been alleged to be involved with a conspiracy or charged with a conspiracy to defraud, our experienced Fraud Defence Solicitors are available to put forward your case in the best possible light and advise you throughout the entire process. We promise to:
- Advise you throughout the entire process
- Advise you on a confidential basis of any concerns you have
- Represent you in an interview under caution
- Prepare and collate all required documents for your defence
- Represent you in court if necessary
- Take the worry off your hands
- Argue your case
- Advise you on any confiscation or restraint proceedings
- Prepare an appeal if necessary
Given the broad area of law surrounding conspiracy to defraud, we will ensure to deal with your case by finding all of the facts and circumstances which enable us to fight your corner.
Our team are highly ranked in the Legal 500 and Chambers and Partners guides. We have extensive experience in successfully defending businesses and individuals accused of fraud, including dealing with ancillary issues including confiscation and restraint proceedings under the Proceeds of Crime Act.
Why Choose Us?
At Cartwright King, our experienced solicitors understand the stress and worry that an accusation of being involved with a conspiracy to defraud can cause and the potential long term consequences that can affect you and your future. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550 and ask to speak to Gary Broadfield. Alternatively you can email the Fraud team on firstname.lastname@example.org and we will get back to you as soon as possible.
Our Fraud Defence Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in London, Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, Luton, Manchester, Milton Keynes, Newcastle Gateshead, Northampton, Nottingham, Oxford, Reading, Sheffield, Worcester and Wellingborough.
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You can always call us on 0808 168 5550 or email email@example.com
26th October 2017
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