Conspiracy to defraud is a charge reserved for the most serious of fraud allegations. The offence requires an agreement between people to make money or cause another person to suffer loss, dishonestly.
Conspiracy to defraud investigations can be upsetting and stressful. You’ll feel frightened about what might happen to you. Will you be given a large fine and a hefty prison sentence? How will you financially support your dependents without an income?
As soon as you find out that you’re being investigated or are being charged with this crime, it’s essential that you seek competent legal advice immediately. By working with skilled fraud solicitors, you may even be able to have your case dismissed before it reaches court.
Have you been arrested or charged with Conspiracy to Defraud?
If you or somebody close to you has been arrested or charged in connection with a conspiracy to defraud case, there’s no doubt that you’ll feel stressed and concerned about what the outcome might be.
You may not even have had any involvement but for some reason, you’re being accused of playing a role. It’s vital that your name is cleared and any confusions are cleared up at the earliest possible opportunity.
We’ve put the most commonly asked questions together with answers for you. Our aim is to provide you with information, support and guidance as you go through this difficult time.
What type of actions are considered Conspiracy to Defraud?
Here are some examples of conspiracy to defraud that may have led to the situation at hand.
Conspiracy to defraud a bank – for example you may have been involved with others, or you may have assisted others to make falsified applications for loans or mortgages.
Conspiracy to defraud your employer – for example, you may have agreed with others to share information about your employer, which led to the employer being exposed to financial losses.
Conspiracy to defraud the elderly– an example of this might be that you work in a call centre which sells stocks and shares only to the elderly and you are instructed to lie or say anything that needs to be said, to convince the elderly into parting with their money.
There are many other examples. If you would like to know more about whether a crime that you’ve been linked to is classified as a conspiracy to defraud crime, you can always make contact with us for further information.
What happens in a Conspiracy to Defraud investigation?
When a conspiracy to defraud investigation takes place, you are likely to find it very stressful. You’re likely to be feeling anxious about the future well-being of your family. Being imprisoned will mean that you won’t be able to make an income. Will your dependents have enough to manage themselves financially?
During this time your life will be feeling unstable and unsettled.
Each case is different, but whatever your circumstances it’s crucial that you speak with a skilled fraud solicitor. Gaining access to somebody who can give you some legal advice, emotional support and guidance to help you to handle the investigation process will make all the difference.
You may have been falsely accused of conspiracy to defraud
There are many cases where people have been wrongly accused of being involved in a conspiracy to defraud case. In some cases, a person’s bank account may have been used, but they won’t have known anything about this. Otherwise, their name may be used to commit fraudulent activities. If this is your situation, then a competent solicitor should be able to get your case dismissed.
There have been occasions where the prosecution has attempted to charge a person with conspiracy to defraud in an attempt to find out who was involved. An excellent legal team would be able to recognise whether this is a case of the prosecution throwing mud to see what sticks.
Without a lawyer, you cannot find out more until the interview
Even if you are arrested, you’re quite unlikely to find out why you’re being accused or investigated until you attend your first police interview.
In a case such as this, it’s crucial to engage with a solicitor before you attend the interview. The solicitor will be able to gain access to further information about the conspiracy to defraud investigation. In combination with information provided by yourself, the fraud solicitor can use this information to construct a defence for you.
Many people find it frustrating that the police gain permission to look into all areas of your life to obtain evidence. This investigation may include your social media accounts to your bank account to your NHS records in addition to all your contacts and relationships.
Instruct a legal professional as soon as possible
We recommend that you do not attend any police interview without being supported by a proficient fraud solicitor.
The questions that are asked at the interview are likely to be very probing. You may be shown evidence that the police have obtained to prove their case against you. The interview will be in a high pressure environment and you may find it very upsetting.
At the end of the interview, you may be charged with conspiracy to defraud.
What should you do if you get arrested or charged with Conspiracy to Defraud?
Conspiracy to defraud is an area of the law that can be very complicated. Although you aren’t obliged to take legal representation, we recommend that you do so. English laws are always changing, and without being constantly on top of them, they are hard to keep up with and understand.
What makes the difference in engaging a fraud solicitor is that they have in-depth knowledge of the law, and they have acquired relevant and valuable experience in similar cases. They will know how they may be able to avoid you being charged or the case proceeding to court. You are supported throughout the entire process so that you get the best possible outcome.
Hiring specialist knowledge will give you peace of mind. We advise that you get in touch with us as soon as you can so that we can assess your case before it develops further.
Can the police search my home?
The police will request the courts for a search warrant so that they can legally search your home and possibly your workplace for evidence. They will search for evidence on phone bill statements, money transfers and seize any valuable assets. They may put you and your family and connections under surveillance.
What type of sentence could you get for Conspiracy to Defraud?
A conspiracy to defraud case is heard at a crown court. If you are found guilty and convicted, you may be given up to ten years’ imprisonment, given a fine or even receive both. The maximum sentence of ten years is typically given to the most serious of cases.
What mitigating factors may be considered in sentencing?
When two or more people are planning or agreeing to defraud somebody or deceive them or expose them to specific loss or risk, it’s considered to be very serious. In response, the court, if you re found guilty, will authorise confiscation proceedings to take place after the initial prosecution.
The prosecution will need to prove that you acted dishonestly or that you were in an agreement with others to act dishonestly in the conspiracy to defraud case but for confiscation proceedings, the onus is on your to prove the legality of your funds and financial transactions.
Could you go to prison for Conspiracy to Defraud?
Conspiracy to defraud is a severe offence that comes with serious punishment if you are convicted. You may be imprisoned for up to ten years and fined or ordered to pay unlimited compensation to the victims.
Of course, this is a very worrying time for both you and your family. It’s vitally important that you take the right steps to protect the wellbeing of you all.
It’s imperative that you engage a fraud solicitor who handles conspiracy to defraud cases regularly.
Does a conviction for Conspiracy to Defraud go on your criminal record?
If your conspiracy to defraud case progresses to court and you are found guilty and convicted, your conviction will be noted on your CRB and your police record. The period of endorsement will be dependant on the type of sentence and the length of imprisonment. We will provide you with more accurate information as the case progresses and we receive a cleared indication of what may happen.
How Can Stuart Miller Solicitors Help?
We handle conspiracy to defraud cases regularly and have deep expertise in this field. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what size your case is, get in touch.
Most clients who seek the advice of our expert fraud solicitors fail to understand that it is the prosecution who ‘must prove the case’ to convict you. It is for the prosecution to prove, so that the jury is no less than sure, beyond any reasonable doubt in their mind, that you were in an agreement with the others (conspiracy) and that you were intentionally dishonest in making or trying to make money or causing someone loss.
Whilst this is a high threshold for the prosecution to convict you, it is absolutely imperative that you are also defended by fraud solicitors who really do specialise in defending these prosecutions, who have a proven track record of success (see our fraud cases) and solicitors who will go over and beyond the call of duty to try and win your case.
Especially when the stakes are so high, where there is the very real possibility of a lengthy term of imprisonment, where confiscation proceedings are more than certainly to follow the main case and where there is an unimaginable impact of your family members; you must be sure your fraud solicitors are creative problem solvers, are experienced and knowledgeable, are right by your side throughout the case and most of all, are absolutely committed to win.
Our fraud lawyers are experts at unravelling complex and substantial volumes of evidence often associated with conspiracy to defraud prosecutions. We have a solid and definite history in successfully defending conspiracy to defraud allegations and we stop at nothing to find valuable defence evidence to strengthen your defence. Whilst we usually adopt a worst-case scenario position, you can be sure that shortcuts have not been taken and we will go as far as possible to evaluate the likely defence strategies of others bring prosecuted in the same case.
One of the biggest fears of an experienced fraud solicitor defending these allegations is the uncertainty of what other accused in the case will say, whether they will blame you and whether they will produce evidence in their own defence which will adversely affect your case. Our fraud solicitors have defended conspiracy to defraud cases for decades and always start very early on to build the profile and the likely strategy of others accused from the beginning.
What will happen when I instruct a fraud lawyer?
We offer a dedicated solicitor, barrister and caseworker to each conspiracy to defraud case, which will ensure an outstanding level of customer service throughout. You can be sure that someone will always be available to assist you, and there is more than one legal mind being applied to the issues in your case.
Also, we use only the best mobile phone experts and only the most competent financial experts to study, analyse and evaluate the evidence to provide useful defence evidence or discredit the prosecution’s evidence.
The taking of action very early on in any case, is what increases the chances of success. Some prosecutions are intimidating, complex and need skilful advice at every crossroad.
We will offer you a free consultation for you to discuss your case with us. We can act for you at the police station for free and after that, we can help assess your financial eligibility for legal aid. We believe, no matter what your financial position, if you are prosecuted by the state, you must also be defended with funds by the state.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then contact us today.
Please contact our fraud solicitors to arrange your meeting, whether face to face, online or by telephone. If you prefer, you can also send us a WhatsApp message using the link in the bottom banner if you are viewing this page on a mobile phone device.
I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.
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