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Conspiracy to defraud lawyer guide



Fri 29 December 2023 Conspiracy to defraud lawyer guide

What is Conspiracy to Defraud?

Conspiracy to defraud is a common law offence in England and Wales. It occurs when two or more people agree to act dishonestly together to:

The agreement does not need to be formalised, nor does the fraudulent act need to be carried out for the offence to be committed. The mere intention to defraud, coupled with an agreement to act upon it, is sufficient.

Key Elements of the Offence

Examples of Conspiracy to Defraud

Criminal law sentencing and civil law liability

Conspiracy to defraud is a serious criminal offence with a maximum penalty of 7 years imprisonment and/or an unlimited fine. It can also lead to a criminal record, which can have significant consequences for employment, travel, and other aspects of your life. The actual sentence will depend on the severity of the offence, the value of the intended gain or loss, and the offender's previous criminal record.

The primary remedy in civil cases is an order for compensation but the court may issue an injunction to prevent further harm from the fraudulent scheme. This could involve restricting specific activities or ordering the return of misappropriated property.

Defences

If you are accused of conspiracy to defraud, you may have several potential defences available, depending on the specific circumstances of your case. These include:

In complex cases, financial experts, forensic accountants, and other specialists can be invaluable. They can analyse financial records, unravel intricate schemes, and present their findings in a clear and compelling manner for the court.

How we can help

If you have been investigated, arrested, or charged with conspiracy to defraud, it is crucial to seek legal advice immediately. Conspiracy to defraud is a serious offence with potentially life-changing consequences. Do not attempt to handle this situation alone Our specialist criminal lawyers are experienced in advising and representing clients including :-


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