What is a Conspiracy?

If two or more people agree to cause another individual or business a loss, the agreement is a ‘conspiracy’ and it is a crime at both common law and in statute. The eventual fraud does not need to happen; if the crime is in the planning stage. Though this may feel unfair, so-called ‘incohate’ (incomplete) crimes aim to prevent harmful behaviour before it happens.

Points to Prove – Prosecution

The elements of conspiracy to defraud are below. For the crime to be found, all must be satisfied.

• Two or more people
  • Since it is impossible to conspire with oneself (to conspire is to ‘breathe together’), conspiracy requires two or more people. The behaviour does not have to result in a fraud for the conspiracy offence to stand.

• Agree
  • Without an agreement, there is no ‘conspiracy’. This is the essence of the offence.

• To dishonestly
  • Dishonesty features in the conspiracy to commit fraud as it features in a fraud which eventually takes place. Finding dishonesty is a two-stage process:
    • what was the Defendant’s actual state of knowledge or belief as to the facts; and
    • was his [the Defendant’s] conduct dishonest by the standards of ordinary decent people.

•  Cause another economic or non-economic loss
  • Conspiracy causing economic loss: An agreement between two or more people which dishonestly seeks to deprive another of the property to which they are entitled.
  • Conspiracy causing non-economic loss: An agreement to dishonestly manipulate someone into acting against their duties, fiduciary or otherwise

Fraud investigations are complex, demanding extensive resources and time from those involved. Engaging criminal representatives as early as possible can prevent unforeseen costs arising.

What will happen if I am arrested for conspiracy to commit fraud? 

If you are arrested for this offence, you will be taken to a police station for the purpose of being interviewed under caution. Among other rights you have the right to be represented at this interview by a solicitor free of charge. This is usually a duty solicitor nominated by the police. You also have however the right to nominate a solicitor of your choice. The solicitor will be able to obtain some information from the investigators about why you have been arrested and will be able to discuss this with you and provide you with advice prior to the interview.

ABV Solicitors have expert fraud solicitors able to attend the police station on short notice nationwide.

What should I do if I receive a letter from a crime enforcement agency such as the police, HMRC, FCA or SFO requesting me to contact them to arrange a voluntary interview? 

Upon receipt of such a letter it is critical that you seek the assistance of a solicitor immediately. ABV Solicitors will allocate a specialist fraud solicitor for you and make arrangements on your behalf to liaise with the investigators and facilitate an interview at your convenience.

This will allow sufficient time for you to arrange a face-to-face meeting with a specialist solicitor in advance of any interview so you can be advised, and fully prepared on what to expect.

We are here to fully support you and those concerned during this difficult time. Obtaining immediate legal advice can make all the difference to the outcome of the investigation.

What if I am released under investigation or released on bail for conspiracy to commit fraud and need a solicitor or wish for a second opinion?

This can be an extremely stressful time for you, your family and your business.

You may have already been interviewed and released on bail or released under investigation. You may have not used a solicitor at all during your interview or are not confident with the solicitor who represented you and require a specialist solicitor with experience in this area.

Whatever the situation, ABV Solicitors have a dedicated team of experts who are experienced in this field and who can provide you with sound advice and assistance.

What if I am charged with conspiracy to commit fraud?

If you have been charged with conspiracy to commit fraud you must seek the assistance of a defence specialist immediately. ABV Solicitors have a dedicated Fraud and Financial Crime department consisting of experienced solicitors who are specialist in this field.

ABV Solicitors can provide immediate advice and assistance and assist you and your business during this stressful time.

Restraint Orders and Account Freezing Orders 

Law enforcement agencies such as the police, HMRC, FCA or SFO often use ancillary powers in addition to making arrests and search warrants. These include applying for Restraint Orders or Account Freezing Orders under the Proceeds of Crime Act 2002.

The purpose of this is to prevent those under suspicion to dissipate assets which may have been acquired through the commission of committing offences.

These Orders are draconian and can cause severe disruption to the lives of individuals and those connected to them including their businesses.

ABV Solicitors have a dedicated team of experts within their Fraud and Financial Crime Department who specialise in tackling these Orders.

If any of the above circumstances apply to you or someone you know contact ABV Solicitors Fraud and Financial Crime Department immediately on 0344 587 9996 or visit our website at www.abvsolicitors.co.uk

ABV Solicitors are available 24/7 and offer their professional expertise and assistance nationwide.