COULD I GET A SUSPENDED SENTENCE FOR CONSPIRACY TO COMMIT SECURITIES FRAUD?

Securities fraud cases are among the most complex and seriously treated financial crimes, and you are not alone if you are concerned about facing charges for these kinds of cases. This article will explain what conspiracy to commit securities fraud involves, the sentencing options available to courts, and the circumstances under which you might receive a suspended sentence rather than immediate imprisonment.

What is conspiracy to commit securities fraud?

Conspiracy to commit securities fraud involves an agreement between two or more people to commit fraud in relation to securities, investments, or financial markets. The offence combines elements of conspiracy law with securities fraud, making it a particularly serious and complex charge. It is typically prosecuted under the Criminal Justice Act 1987 for conspiracy, combined with fraud offences under the Fraud Act 2006.

Common examples of conspiracy to commit securities fraud include agreements to manipulate share prices through coordinated buying or selling, conspiracies to spread false information about companies to affect their share prices, agreements to operate Ponzi schemes or other fraudulent investment vehicles, conspiracies to engage in insider trading using non-public information, agreements to create false financial statements or reports to mislead investors, and conspiracies to operate unauthorised investment schemes.

The key elements that prosecutors must prove include an agreement between two or more people, intent to commit securities fraud, and some action taken in furtherance of the conspiracy. Importantly, the actual fraud does not need to be completed for the conspiracy charge to succeed, and each conspirator can be held responsible for the actions of other members of the conspiracy.

What are the usual sentences for conspiracy to commit securities fraud?

The maximum sentence for conspiracy to defraud is 10 years imprisonment, though sentences can be higher if the conspiracy involves multiple separate offences or if it is charged alongside other serious crimes.

However, not every conspiracy case results in the maximum sentence. Courts have various sentencing options available, including community orders, suspended sentences, and immediate custody of varying lengths. The sentence imposed will depend on factors such as your role in the conspiracy, the amount of money involved, the sophistication of the operation, the number of victims, and your personal circumstances.

For less serious cases involving smaller amounts, peripheral involvement, or first-time offenders with strong mitigating factors, courts may consider alternatives to immediate custody. However, the serious nature of securities fraud means that suspended sentences are less common than in other types of fraud cases.

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 “suspended” for between six months and two years on average. During this time, you remain in the community rather than going to prison, assuming you comply with conditions. If 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.

To address the underlying causes of offending and reduce the likelihood of future crimes, suspended sentences often come with requirements. These can include unpaid work, supervision by probation services, attendance at rehabilitation programmes, or restrictions on your financial or business activities.

Can conspiracy to commit securities fraud result in a suspended sentence?

Conspiracy to commit securities fraud can potentially result in a suspended sentence, but this is relatively uncommon given the serious nature of the offence. 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 in the specific circumstances.

Factors that might favour a suspended sentence include having a peripheral or minor role in the conspiracy, being a first-time offender with no previous convictions, showing genuine remorse and full cooperation with authorities, having exceptional personal circumstances such as serious illness or family crises, and demonstrating that you are unlikely to reoffend.

Cases involving relatively modest amounts, limited involvement in the planning or execution of the fraud, or where you were acting under pressure or coercion from other conspirators may also be more suitable for suspended sentences. Evidence that you have taken steps to make restitution to victims or assist authorities in recovering losses can also work in your favour.

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

Courts consider numerous factors when deciding whether to impose a suspended sentence for conspiracy to commit securities fraud. Your role in the conspiracy is crucial, including whether you were a leader, organiser, or peripheral participant, the extent of your involvement in planning and executing the fraud, and your level of responsibility for the overall criminal enterprise.

The financial impact is also a key consideration, including the total amount involved in the conspiracy, the actual losses to victims, the number of people affected, and the broader impact on market confidence and the financial system. Courts will consider victim impact statements and evidence of the time and cost required for victims to recover their losses.

The sophistication and duration of the conspiracy is important, too. Courts will consider the level of planning involved, the use of complex financial instruments or structures, the duration of the criminal activity, and whether the conspiracy involved professional expertise or abuse of positions of trust within the financial sector.

Your personal circumstances play a vital role in sentencing decisions. Factors such as your age, health, previous good character, family responsibilities, and professional background will be considered. Evidence of genuine remorse, full cooperation with authorities, and efforts to make restitution will be viewed favourably.

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

Given the serious nature of conspiracy to commit securities fraud, most cases will result in immediate prison sentences. The court must be satisfied that the offence is “so serious that neither a fine alone nor a community sentence can be justified” (according to the Sentencing Code), and this threshold is usually met in securities fraud cases.

Examples of cases that might potentially avoid immediate prison include first-time offenders with very peripheral involvement, cases where you were acting under significant coercion or pressure, or where there are truly exceptional personal circumstances such as terminal illness. However, such cases are rare, and the courts generally view securities fraud as requiring immediate custody.

Previous convictions, particularly for financial crimes, make immediate custody almost inevitable. Other cases that almost certainly warrant immediate prison sentences include those involving substantial financial losses, sophisticated criminal operations, professional or organised fraud, leadership roles in the conspiracy, or where you have previous convictions for financial crimes. Securities fraud that involves abuse of positions of trust within the financial sector or that causes significant damage to market confidence will also result in immediate custody.

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

Given the serious nature of these charges, it is absolutely essential to seek expert legal advice immediately from solicitors with extensive experience in complex financial crime cases. The technical nature of securities law and the severity of potential sentences require specialist knowledge and expertise.

Other things you can do to help your case include:

• Demonstrate genuine remorse and accept full responsibility for your actions. This means showing complete understanding of the harm caused to victims and the financial system, expressing sincere regret, and being entirely honest about your involvement. 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 other aspects of the conspiracy, helping to trace assets or recover losses, or assisting with understanding complex financial structures. Such cooperation can be a significant mitigating factor.
• Make every effort to provide restitution to victims or assist in asset recovery. Even if you cannot repay the full amount, demonstrating a genuine commitment to making amends can be viewed favourably by the court.
• Provide comprehensive evidence of positive aspects of your life and character, including detailed references from employers, colleagues, family members, and community organisations. Evidence of your professional achievements, charitable work, or other contributions to society can help show that your involvement in the conspiracy was aberrant behaviour.
• Address any underlying issues that may have contributed to your involvement in the conspiracy. If financial pressures, personal problems, or other factors played a role, seek appropriate help and provide evidence of the steps you are taking to address these issues.

Where to get more help

If you are facing charges for conspiracy to commit securities fraud, turn to the team at Stuart Miller Solicitors. We understand the serious nature of these charges and the sophisticated legal and technical issues involved. Get in touch with us today for a free, confidential consultation to discuss your case and start building your defence.

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23:16 24 Apr 24

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20:24 06 Mar 24

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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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