Conspiracy to commit securities fraud is an offence that can come with a stiff punishment. This article provides detailed guidance on the typical sentencing for this offence.

What is the sentence for Conspiracy to commit securities fraud in 2020?

Conspiracy to commit securities fraud an offence that involves working with others on a plan to commit fraud through involvement with stocks, investment or other securities. It’s an intention of financially benefiting or to cause loss to another. This offence may also be referred to as conspiracy to commit investment fraud.

A conspiracy offence is when there is some type of agreement, either expressed, implied or assumed, for two or more people to work together to commit a crime. Those involved will usually have a plan in place or be working on their method to commit the offence.

Of course, being accused of an offence of this nature can be very stressful. You’re likely to have the police investigating every part of your life, including your finances. There may even be a freeze on your assets, a confiscation order or a cash seizure.; this can make life very difficult for you and your dependents.

Unfortunately for offenders, any fraud offence is not taken lightly by the authorities. Most often it’s vulnerable people who are affected by crimes such as this. This offence can also sometimes be known as any of the following:

  • Share sale fraud
  • Land banking fraud
  • Hedge fund fraud

As soon as you find out that you’re being investigated, you must seek legal help from a proficient and experienced fraud lawyer. They will be able to work with you to reduce any potential sentence, and in some cases may even be able to get your case quashed.

We have put together some questions that our other conspiracy to commit securities fraud clients typically ask, along with their answers. If you cannot see an answer to your question here, call us on 0208 888 5225 for further information.

More about the conspiracy to commit securities fraud offence

The conspiracy to commit securities fraud offence is typically aimed at the other 65. It’s a crime that always involves more than one person. Here are some examples of this crime that may have led to the situation that you now find yourself in:

Plotting with others on how to offer an investment opportunity that is not genuine – for instance, this plan may involve the construction of marketing material that will be used to con the elderly out of their life savings for offering land or another investment opportunity.

Planning how to sell ‘top secret’ tips on share buying – for example, a conspiracy to create a membership site that will provide research information and discounts to different share selling schemes. The outcome being that the elderly are ripped off.

Conspiring to create a scheme that sells precious metals  – an example of this might be the ‘selling’ of precious metals, that in reality do not exist.

There are many other examples, too numerous to mention here. If you would like to know whether the crime that you’re linked to is classified as conspiracy to commit securities fraud, call us on 0208 888 5225. We can also put you in touch with a solicitor who can represent you in the police station at very short notice. The number to call for this is 07980 000 076.

What is the average sentence for conspiracy to commit securities fraud offences?

A conspiracy to commit securities fraud case will generally be heard at the Crown Court in front of a judge and a jury. If the Court finds you guilty, you will be convicted and handed a sentence of up to ten years imprisonment. You may also need to pay a fine.

How does a court decide on the seriousness of the conspiracy to commit securities fraud offence for sentencing purposes?

The information that judges receive with regards to sentencing are only guidelines, and each case will be looked at individually. One of the factors judges consider in every case of this nature is the defendant’s level of genuine remorse.

The following is an excerpt taken from the website of the Sentencing Council. This information is provided as guidelines to judges on what they should consider when sentencing. However, please note that each case will be looked at individually.

The level of culpability is determined by weighing up all the factors of the case to determine the offender’s role and the extent to which the offending was planned and the sophistication with which it was carried out.

Culpability demonstrated by one or more of the following

A – High culpability

  • A leading role where offending is part of a group activity
  • Involvement of others through pressure, influence
  • Abuse of position of power or trust or responsibility
  • Sophisticated nature of offence/significant planning
  • Fraudulent activity conducted over sustained period of time
  • Large number of victims
  • Deliberately targeting victim on basis of vulnerability

B – Medium culpability

  • A significant role where offending is part of a group activity
  • Other cases that fall between categories A or C because:
    • Factors are present in A and C which balance each other out and/or
    • The offender’s culpability falls between the factors as described in A and C

C – Lesser culpability

  • Involved through coercion, intimidation or exploitation
  • Not motivated by personal gain
  • Peripheral role in organised fraud
  • Opportunistic ‘one-off’ offence; very little or no planning
  • Limited awareness or understanding of the extent of fraudulent activity

Where there are characteristics present which fall under different levels of culpability, the Court should balance these characteristics to reach a fair assessment of the offender’s culpability.

What are some of the mitigating factors that might reduce the Conspiracy to commit securities fraud sentence?

When two or more people are planning or agreeing to defraud somebody, to deceive them or expose them to specific loss or risk, it’s considered to be very serious. In response, the Court often hands out serious prosecution to deter offenders.  The aim of the prosecutors both before and during the trial is to prove that you have acted dishonestly.

Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. In Conspiracy to commit securities fraud cases, they may include:

  • Your previous conviction
  • Your level of remorse
  • Your level of cooperation with the investigation
  • Whether the activity you took part in was initially legitimate
  • Your reputation / good character
  • Whether you have any severe medical conditions that require long term, urgent or intensive treatment
  • Whether you have a learning disability or a mental disorder
  • Whether you are the sole or primary carer for related dependents

Is it possible to reduce a sentence for conspiracy to commit securities fraud with a guilty plea?

In recent years, several changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial. For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third (maximum). The later the plea is entered, the smaller the reduction.

‘Early on’ refers to ‘the first stage of the proceedings’ and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences.

If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure; although the decision is ultimately in the hands of the Judge who has the discretion to apply whatever credit is deemed appropriate.

After these times, there is a sliding scale of credit applied. This goes down to one-tenth on the first day of the trial and to zero if entered during the course of the trial. In theory, the ten per cent could be given if the plea is issued after the opening speeches on the first day, but before any witness evidence is heard.

If the accused does not want to plead guilty, then it’s essential for the solicitor to regularly inform the Court throughout the trial of the reasons why the client’s plea is not guilty.

What are some of the other consequences of conspiracy to commit securities fraud offence?

Ancillary Orders

A court can also make ancillary orders on a defendant if they are found guilty and convicted of an offence. These are extra elements that can be added to a sentence and include additional restrictions or requirements that affect a dependent’s finances, property or activity.

Ancillary orders that are typically added to the penalty for those who are found to be guilty of binary option fraud include:

  • Compensation for loss
  • Restraint orders
  • Reparation orders
  • Financial reporting order
  • Disqualification from directing a company
  • Confiscation orders

As part of your investigation, you may also have your assets frozen with the possibility of having cash or other assets seized.

In addition, the Court may demand payment of the following if the accused is convicted:

Payment of costs applied for by the prosecutors

Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted. These may include the costs of:

  • The work done in obtaining sufficient evidence for prosecution either at the initial stage or later at the request of Crown Prosecution Service (CPS)
  • Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).
  • Re-interviewing witnesses
  • The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. At the end of the case, the prosecutor under The Prosecution of Offences Act 1985 will request the Judge to order a sum to be paid for the costs incurred by the prosecutor in bringing the prosecution.

Victims surcharges

The term victims’ surcharges can be explained as paying compensation to a fund for victims and can range between £20 to £170 depending on what sentence you were given at conviction.

How sentences can be added to national information databases

There are several national databases that hold information about individuals and any allegations made about them, their criminal and court records. These include the DBS (Disclosure and Barring Service) which was previously known as the CRB (Criminal Record Bureau) and the Police National Computer (PNC).  Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases. Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities.

If your case progresses to Court and you are convicted of Conspiracy to commit securities fraud, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.

Below are details on how long you will be listed as holding a criminal record if convicted. This is something very serious to consider when it comes to future employment. The term ‘spent’ refers to when your name can be removed from the databases.

Rehabilitation Period
(the time it takes for the sentence to become ‘spent’)
Sentence Adult (aged 18+) at time of conviction Young person (aged under 18) at time of conviction
Prison sentences of more than 4 years Sentence is never spent Sentence is never spent
Prison sentences of more than 2.5 years (30 months) but less than 4 years Sentence length 7 years Sentence length 3.5 years
Prison sentences of more than 6 months but less than 2.5 years (30 months) Sentence length +4 years Sentence length +2 years
Prison sentences of less than 6 months Sentence length + 2 years Sentence length +18 months
Conditional Discharge Length of order Length of order
Absolute Discharge None None
Conditional Caution 3 months 3 months
Simple Caution / Youth Caution None – immediately ‘spent’ None – immediately ‘spent’
Other Including Compensation Order, Supervision Order, Bind Over, Hospital Order Length of the order / once compensation is paid Length of the order / once compensation is paid

How Can Stuart Miller Solicitors Help?

With over thirty years of experience of handling fraud cases, we have won many cases of conspiracy to commit securities fraud. Our solicitors have some of the best and sharpest legal minds in the country and operate together to weaken any argument brought by a prosecution team.

In cases such as this, it’s the role of the prosecution to argue and prove that you were involved in the crime and are guilty. Our fraud solicitors are well experienced and know how to argue against cases like this. Having spent a lot of time investigating every angle to take to defence, they are now experts in this field and also have a broad network of legal professionals to support them.

Some of the best QCs, Barristers and expert witnesses are in our extended network of legal professionals. Our team works together to unravel any case brought by the prosecution with an aim of getting the best possible outcome.

What will happen when I instruct a fraud lawyer?

When you choose Stuart Miller Solicitors to represent you, you will be assigned a defence lawyer. They will work with you to understand your case and learn more about what happened and what your alleged role is in the case. In addition, a case manager and a Barrister will be assigned to you case.

Support, guidance and representations are all areas of practising law that Stuart Millers Solicitors do well, and you’ll see that for yourself when you hire us.

Arrest & Interview

If you’re arrested and taken to the police station for an interview, you must take a fraud lawyer with you. You will be asked a collection of very probing and intrusive questions that are designed to trip you up and get you to incriminate yourself.

Would you like to discuss your case before instructing us?

You are invited to call us to arrange a free thirty-minute consultation with a fraud lawyer about your conspiracy to commit securities fraud case. We can meet with you face to face, or hold the meeting over the phone or video.

The consultation is a chance for you to express your concerns and have any questions you may have addresses by legal specialists in fraud. We are here to help you and happy to do so. Complete our contact form or call us on 0208 888 5225. If you are in need of an emergency solicitor, call 07980 000 076.  

Get in touch with us now for conspiracy to commit securities fraud legal help.

 

 

Emergency?

Call 24 hours a day, 7 days a week.