COULD I GET A SUSPENDED SENTENCE FOR BOILER ROOM FRAUD?

If you’re facing allegations of boiler room fraud, it’s natural to feel alarmed and uncertain about what comes next. The legal process can seem daunting, and the fear of a possible prison sentence may be weighing heavily on your mind. You might be wondering what the offence actually involves, what penalties you could face, and whether a suspended sentence is a realistic outcome. This guide aims to provide you with clear, practical information and reassurance, so you can better understand your position and make informed decisions about your next steps.

What is boiler room fraud?

Boiler room fraud is a type of investment scam where individuals are pressured – often through cold calls – into buying shares, bonds, or other financial products that are either worthless or do not exist. The term “boiler room” comes from the high-pressure sales tactics used, typically from makeshift offices filled with telephones and salespeople. Offenders may pose as legitimate brokers or financial advisers, using convincing documents and websites to appear credible.

This offence is prosecuted under the Fraud Act 2006, as well as the Financial Services and Markets Act 2000, which makes it illegal to offer or promote investments without proper authorisation. Anyone involved in organising, running, or even assisting in such operations can be prosecuted. Common scenarios include cold-calling potential investors, sending out misleading brochures, or setting up fake companies to receive funds. The core element is dishonesty, i.e. deliberately deceiving people for financial gain.

What are the usual sentences for boiler room fraud?

Boiler room fraud is treated as a serious crime by the courts, reflecting the significant financial and emotional harm it can cause to victims. The maximum sentence under the Fraud Act 2006 is up to 10 years’ imprisonment, and there is no top limit on the fine that can be imposed. However, the actual sentence will depend on the details of the case, such as the amount of money involved, the number of victims, and the level of planning.

Sentences can range from community orders and fines for less serious cases, to suspended sentences or immediate imprisonment for more severe offences. The court will consider the full context, including your role in the fraud and any previous convictions, before deciding on the appropriate penalty.

What is a suspended sentence and how does it work?

A suspended sentence is a custodial sentence that is not activated straight away. Instead, the court sets a suspension period. This is usually between six months and two years, during which you are allowed to remain in the community, provided you comply with certain requirements.

These might include carrying out unpaid work, attending rehabilitation sessions, or observing a curfew. Other potential conditions that a court may impose include:

• A prohibited activity requirement: This prevents you from taking part in certain activities, for example, attending football matches if the offence was football-related.
• An exclusion requirement: This can bar you from entering a specific area where your offending took place.
• A residence requirement: You may be required to live at a particular address, which could be a probation hostel.
• A foreign travel prohibition: This can restrict you from travelling overseas for a set period.
• An attendance centre requirement: If you are under 25, you may be ordered to attend a centre for a set number of hours to engage in structured activities.

If you meet all the conditions and do not commit any further offences during the suspension period, you will not have to serve the prison sentence. However, if you breach the terms or are convicted of another crime, the court can order you to serve the original sentence in custody.

Can boiler room fraud result in a suspended sentence?

A suspended sentence is possible for boiler room fraud, but it is not guaranteed. The court will look at the seriousness of the offence and your personal circumstances before making a decision. Suspended sentences are generally considered when the court believes that immediate imprisonment is not essential and that you are likely to respond positively to rehabilitation.

For example, if your involvement was limited, you have no previous convictions, and you have shown genuine remorse, the court may be persuaded to suspend your sentence. On the other hand, if the fraud was large-scale, involved significant planning, or caused substantial losses to multiple victims, the likelihood of a suspended sentence decreases. Repeat offenders or those who played a leading role in the operation are also less likely to avoid immediate custody.

What factors do courts consider when deciding on a suspended sentence for boiler room fraud?

When deciding whether to suspend a sentence, the court will weigh up a range of factors, including:

• Scale and impact of the fraud: How much money was lost? How many people were affected? Was the fraud part of a wider operation?
• Level of involvement: Were you a key organiser, or did you play a minor role?
• Planning and sophistication: Was the fraud carefully orchestrated, or was it more opportunistic?
• Abuse of trust or authority: Did you exploit a position of trust, or use your professional status to deceive others?
• Effect on victims: Did the fraud cause significant financial hardship or emotional distress?
• Personal background: Your age, health, family responsibilities, and any previous good character will be taken into account.
• Remorse and efforts to make amends: Have you accepted responsibility, apologised, or tried to compensate the victims?
• Risk of reoffending: Are there signs that you are unlikely to commit further offences?
• Willingness to comply with court orders: Are you prepared to undertake community work or attend rehabilitation programmes?

Every case is different, and the court will consider all relevant circumstances before reaching a decision.

How serious does the offence have to be for a prison sentence for boiler room fraud?

Immediate imprisonment is usually reserved for the most serious cases of boiler room fraud. Factors that make a custodial sentence more likely include:

• Large sums of money involved, especially if victims lost their life savings
• Multiple victims, particularly if they were elderly or vulnerable
• Offending that was repeated or continued over a long period
• Evidence of careful planning, use of false identities, or attempts to hide the proceeds
• Abuse of a position of trust or authority
• Previous convictions for similar offences

The Sentencing Council’s definitive guideline for fraud offences provides a framework for judges to determine the appropriate sentence, taking into account the harm caused (categorised by monetary loss) and the offender’s culpability (ranging from high to lower responsibility). This guideline ensures a consistent approach to sentencing while allowing for the specific circumstances of each case to be considered.

Conversely, the court may consider alternatives to custody if the offence was a one-off, the amount involved was relatively small, or there are strong personal mitigating factors – such as mental health issues, family responsibilities, or evidence of genuine remorse and efforts to make amends.

What can I do to improve my chances of getting a suspended sentence for boiler room fraud?

If you are facing prosecution for boiler room fraud, there are several steps you can take to improve your prospects of receiving a suspended sentence:

• Seek legal advice early. A solicitor with experience in fraud cases can help you understand your options, prepare your defence, and present your case effectively in court.
• Show responsibility and remorse. Admitting your involvement, expressing genuine regret, and apologising to those affected can make a positive impression on the court.
• Make restitution where possible. Offering to repay victims or otherwise compensate for their losses demonstrates a willingness to put things right.
• Cooperate with the authorities. Being open and honest during the investigation and court proceedings can be viewed favourably.
• Provide evidence of your character and circumstances. References from employers, family, or community members can help show that your actions were out of character.
• Address any underlying issues. If your offending was linked to addiction, financial pressure, or mental health problems, taking steps to address these can support your case for rehabilitation rather than immediate custody.
• Making sure your case is thoroughly prepared. A well-presented case, with supporting evidence and expert legal representation, can make a significant difference to the outcome.

Where to get more help

Any legal process can feel intimidating, especially one as serious as getting charged for boiler room fraud. If you or someone you care about is facing these charges, get in touch with the team at Stuart Miller Solicitors today. We have decades of combined experience defending fraud cases and are experienced in handling significant complexity. For a free no obligation consultation about your options, get in touch today.

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14:25 20 Jan 25

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16:48 16 Jan 25

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10:19 30 Sep 24

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19:53 11 Aug 24

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11:59 25 Jun 24

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11:42 13 Jun 24

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18:52 11 Jun 24

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264144253

06:44 29 May 24

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

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09:45 14 May 24

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23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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