Conspiracy to Defraud

Speak to our conspiracy to defraud solicitors today

For a free initial consultation on your legal position and the available options, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding conspiracy to defraud in the UK, please call our Emergency Number 07836 577 556.

You can also email: solicitors@jdspicer.co.uk or fill out our online enquiry form and we will get back to you quickly.

Our expertise with conspiracy to defraud charges

With more than 40 years of experience representing clients in fraud cases, our fraud defence lawyers have the expertise to secure the best possible outcome for you under even the most challenging circumstances.

Our team includes a number of accredited police station representatives, so we are able to offer instant advice and representation 24/7 for anyone arrested in connection to an offence of conspiracy to defraud.

We regularly represent clients in both Magistrates’ Court and Crown Court and have established links with some of the country’s leading barristers specialising in fraud cases. Our team have the experience and skills to ensure all relevant evidence is considered and used effectively for your defence making sure that no possible legal angle is overlooked.

We are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

Common questions about conspiracy to defraud offences

What is conspiracy to defraud?

Conspiracy to defraud is a common law offence. Common law in the UK essentially means that the offence of conspiracy to defraud is not defined in a specific Act of Parliament but rather has been created by the courts.

A conspiracy to defraud is an agreement between two or more people to carry out a plan that would prejudice the rights of another person or run a risk of doing so. That might include:

1. A person or persons being dishonestly deprived of something which is theirs or that they would normally be entitled to e.g., money, property or other assets.
2. A person or persons being deceived into acting in a way that goes against the duty they owe to their employers or clients running a risk of financial loss.

A key point to understand is that to be charged with conspiracy to defraud, you do not need to have directly participated in any activity that is inherently criminal. Proof that someone had planned to defraud someone else, no matter the method, is all that is required for an allegation to be put forward.

That said, for a conspiracy to defraud offence to be proven, there needs to be solid evidence to demonstrate that this plan was in place and that the accused had prior knowledge of it. Computer records, paperwork, witness testimonies and phone calls are all examples of the types of evidence that will be used to prove a conspiracy to defraud offence.

For example, if you rent an office as part of a plan to create a fake business for the purpose of defrauding someone, you could be charged with conspiracy to defraud even though renting an office is not in and of itself illegal.  It would suffice if you were part of an agreement to create the business and you were acting dishonestly.

Conspiracy to defraud is triable on indictment only i.e., prosecution will automatically take place in Crown Court, rather than a Magistrates’ Court.

What is the sentence for conspiracy to defraud?

The sentence for conspiracy to defraud will depend on two factors:

1. The amount of harm caused, intended or risked by the offence (i.e., the financial value of the loss experienced by the alleged victim or victims).
2. The role the defendant is alleged to have taken in the offence.

As per conspiracy to defraud sentencing guidelines, the potential sentence can range from a medium level community order up to 8 years’ custody. The maximum is 10 years.

• For a category 1 offence (involving financial losses of £500,000 or more) the sentencing range is 18 months’ to 8 years’ custody.
• For a category 2 offence (involving financial losses of £100,000 – 500,000) the sentencing range is 26 weeks’ to 6 years’ custody.
• For a category 3 offence (involving financial losses of £20,000 – 100,000) the sentencing range is a medium level community order to 4 years’ custody.
• For a category 4 offence (involving financial losses of £5,000 – 20,000) the sentencing range is a fine of 75-125% of your weekly income to 3 years’ custody.
• For a category 5 offence (involving financial losses of less than £5,000) the sentencing range is a fine of 75-125% of your weekly income to 1 year’s custody.

What are my rights when arrested on suspicion of conspiracy to defraud?

If you are arrested for or charged with conspiracy to defraud, you need to be clear about your rights so you can make sure you do not unintentionally undermine your defence.

When arrested, please remember:

• The arresting officer must tell you what specific offence you are being arrested for
• You do not have to answer any questions you are asked
• You should never answer police questions without a solicitor present

The police are required to caution you with the following words:

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court.  Anything you do say may be given in evidence.”

In an investigation for conspiracy to defraud, the police are likely to search premises and seize items.  Police search powers are complex, but open to challenge, and you should take legal advice, particularly if the police wish to seize legal papers.

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

• Charged with a specific offence
• Released under investigation
• Release 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.

Pre-Charge Bail

If you are released on pre-charge bail (also simply referred to as being released on bail), after being interviewed for conspiracy to defraud, this means that the police will be continuing their investigation to gather more evidence before they are able to make a final charging decision. Whilst the police are making their decision they may impose bail conditions, such as restrictions on where you can go and requirements to attend the police station on a certain day.

To find out more in relation to pre charge bail please use the links provided below:

• Pre-charge bail and Released Under Investigation (RUI)
• On Bail But Not Charged - What Does It Mean?
• How long can you be on bail without charge UK?

Contact our conspiracy to defraud lawyers now

For urgent specialist advice, immediate police station representation or to speak to us confidentially about a charge of conspiracy to defraud or any other criminal matter, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 – our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for conspiracy to defraud

Please get in touch for a free initial consultation with one of our expert conspiracy to defraud solicitors, as well as for immediate advice and representation.

For immediate representation and advice, you can contact our Emergency Number:  07836 577 556, and we will provide you with the urgent assistance you need.