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COULD I GET A SUSPENDED SENTENCE FOR CONSPIRACY TO COMMIT FRAUD BY FALSE REPRESENTATION?

Conspiracy to commit fraud by false representation is not something to be taken lightly, and if you are facing charges for it, you are probably feeling overwhelmed by the seriousness of these allegations and concerned about what they could mean for your future. Conspiracy charges are particularly complex because they involve not just individual actions but agreements with others to commit fraud, which can make the legal situation feel even more daunting. This article will explain what conspiracy to commit fraud by false representation involves, the sentencing options available to courts, and the factors that might influence whether you could receive a suspended sentence rather than immediate custody.

What is conspiracy to commit fraud by false representation?

Conspiracy to commit fraud by false representation combines two serious offences: conspiracy (an agreement between two or more people to commit a crime) and fraud by false representation under Section 2 of the Fraud Act 2006. This means prosecutors must prove that you agreed with at least one other person to make false or misleading representations with the intention of making a gain or causing a loss.

The conspiracy element requires proof of an agreement between defendants to commit fraud, even if the actual fraud was never completed or was unsuccessful. Each person involved in the conspiracy can be held responsible for the actions of other conspirators, making this a particularly serious charge.

Fraud by false representation occurs when someone dishonestly makes a representation that is untrue or misleading, knows it might be untrue or misleading, and intends to make a gain or cause a loss.

Common examples of conspiracy to commit fraud by false representation include agreements to create fake companies or qualifications to obtain contracts, conspiracies to make false insurance claims, agreements to sell non-existent goods or services, conspiracies to obtain loans or credit using false information, agreements to create fraudulent investment schemes, and conspiracies to make false representations to obtain benefits or grants.

The key elements prosecutors must prove include an agreement between two or more people, dishonest intent, knowledge that representations would be false or misleading, and intent to make a gain or cause a loss. The conspiracy can exist even if no actual fraud takes place, as long as there was a genuine agreement to commit fraud and some action taken in furtherance of that agreement.

What are the usual sentences for conspiracy to commit fraud by false representation?

Conspiracy to commit fraud by false representation is a serious offence typically tried in the Crown Court. The maximum sentence for conspiracy to defraud is 10 years imprisonment, reflecting the serious view that courts take of organised fraudulent activity involving multiple defendants.

That said, not every conspiracy case results in the maximum sentence or immediate custody. Courts have various sentencing options available, including community orders, suspended sentences, and immediate imprisonment of varying lengths. The sentence will reflect both the seriousness of the planned fraud and your individual level of culpability within the conspiracy.

For cases involving smaller amounts, less sophisticated planning, peripheral involvement, or first-time offenders with strong mitigating factors, courts may consider alternatives to immediate custody. However, the organised nature of conspiracy offences means that courts generally view them seriously and suspended sentences require compelling mitigation.

What is a suspended sentence and how does it work?

A suspended sentence is a prison sentence that does not take effect immediately. Instead, the sentence is held, or “suspended”, for a specified period, typically between six months and two years. During this suspension period, you remain in the community rather than going to prison, provided you comply with any conditions imposed by the court.

If you manage to complete the suspension period without committing any further offences or breaching the conditions, the prison sentence will never be served. If, however, you commit another offence or breach the conditions during the suspension period, you will likely be required to serve the original suspended sentence in addition to any penalty for the new offence.

Suspended sentences often come with requirements such as unpaid work, supervision by probation services, attendance at rehabilitation programmes, or restrictions on your activities.

Can conspiracy to commit fraud by false representation result in a suspended sentence?

Conspiracy to commit fraud by false representation can result in a suspended sentence, but this depends on the specific circumstances of your case and requires compelling mitigation. Courts consider suspended sentences when they believe the offence is serious enough to warrant a prison sentence, but where immediate custody may not be necessary or proportionate.

Cases involving relatively modest amounts, limited planning, or where you were recruited by others rather than being an organiser may also be more suitable for suspended sentences. Evidence that you withdrew from the conspiracy before any fraud was committed, or that you took steps to prevent harm to victims, can also work in your favour.

On the other hand, factors that make a suspended sentence less likely include having a leading or organising role in the conspiracy, previous convictions for dishonesty offences, involvement in sophisticated or professional fraud operations, substantial intended or actual losses, or showing no remorse for your actions.

The court will weigh the seriousness of the conspiracy against your personal circumstances and prospects for rehabilitation to make a decision.

What factors do courts consider when deciding on a suspended sentence for conspiracy to commit fraud by false representation?

Numerous factors are considered by the courts:

  • Your role in the conspiracy, including whether you were a leader, organiser, recruiter, or peripheral participant, the extent of your involvement in planning the fraud, and your level of responsibility for recruiting others or developing the fraudulent scheme.
  • The scale and sophistication of the planned fraud. Courts will consider the amount of money involved or intended to be involved, the number of intended victims, the level of planning and preparation, the duration of the conspiracy, and whether the scheme involved professional expertise or complex methods.
  • The stage at which the conspiracy was detected. Courts may view more leniently cases where the conspiracy was detected early and no actual fraud took place, compared to cases where substantial fraud was committed or attempted before detection
  • Your personal circumstances. Factors such as your age, health, employment status, family responsibilities, and previous good character can all influence the court’s decision. Evidence of genuine remorse, cooperation with authorities, and efforts to make amends will be viewed favourably.
  • Your attitude towards the offending. Courts will consider whether you have accepted responsibility for your actions, shown understanding of the potential harm to victims, and demonstrated genuine remorse for your involvement in the conspiracy.
  • The impact on actual or intended victims, including the financial losses that were caused or could have been caused, the number of people who were or could have been affected, and the broader impact on confidence in commercial or financial systems.

How serious does the offence have to be for a prison sentence for conspiracy to commit fraud by false representation?

Cases that typically warrant immediate prison sentences include those involving substantial amounts of money, sophisticated criminal operations, leadership roles in the conspiracy, professional or organised fraud, or where you have previous convictions for similar offences. Conspiracies that actually resulted in significant fraud being committed are also likely to result in immediate custody.

Examples of cases that might avoid immediate prison include first-time offenders with very peripheral involvement in the conspiracy, cases where you were recruited by others and played a minor role, or where there are exceptional personal circumstances such as serious illness or family crises.

What can I do to improve my chances of getting a suspended sentence for conspiracy to commit fraud by false representation?

  • Obtain expert legal advice immediately from solicitors experienced in complex fraud and conspiracy cases. The technical nature of conspiracy law and the serious potential consequences require specialist knowledge and expertise to identify the best defence strategy and mitigation.
  • Demonstrate genuine remorse for your involvement in the conspiracy and accept responsibility for your actions. This means showing understanding of the potential harm to victims, expressing sincere regret for your involvement, and being honest about your role in the conspiracy. Courts can distinguish between genuine remorse and attempts to minimise responsibility.
  • Cooperate fully with authorities and provide all possible assistance with their investigation. This might include providing information about the conspiracy, helping to understand the planned fraud, or assisting with efforts to prevent harm to potential victims. Such cooperation can be a significant mitigating factor.
  • Address any underlying issues that contributed to your involvement in the conspiracy. If financial difficulties, personal problems, or other factors played a role in your decision to become involved, seek appropriate help and provide evidence of the steps you are taking to address these issues.
  • Comply with any requirements that might be imposed as part of a suspended sentence, such as supervision, unpaid work, or programmes designed to address the underlying causes of your offending.

Where to get more help

At Stuart Miller Solicitors, we have extensive experience defending complex fraud and conspiracy cases. We’ll provide the expert legal advice and representation you need to navigate this situation. Get in touch for a free, confidential consultation to discuss your case and find out how we can help you achieve the best possible outcome.

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