Conspiracy to Defraud & Serious Fraud Solicitor

What is conspiracy to defraud?

Conspiracy to defraud is a common-law offence. In broad terms, the allegation concerns an agreement between two or more people to act dishonestly in a way intended to prejudice another person’s property or economic interests. Prosecutors are expected to consider whether a Fraud Act offence or another statutory charge would properly cover the alleged conduct before using the common-law charge.

An allegation may be brought even if the alleged plan did not ultimately succeed. The defence should identify the precise agreement said to exist, who is alleged to have joined it, its alleged dishonest purpose and the evidence relied on for each person.

• What agreement is actually alleged?
• When and how is each person said to have joined it?
• What evidence is said to prove dishonesty?
• Is association being mistaken for participation?

What must be proved in a conspiracy to defraud case?

A large investigation can contain thousands of transactions and messages, but the prosecution must still prove the case against each defendant. Being related to a suspect, working in the same business, appearing in a group chat or receiving a payment does not by itself explain what a person knew or intended.

A focused defence separates the overall prosecution narrative from the evidence about the individual. It tests whether the alleged agreement is supported by the chronology and whether communications or financial activity have been taken out of context.

• The alleged dishonest agreement and its purpose
• The individual’s knowledge, intention and alleged role
• Alternative explanations for meetings, payments or messages
• Gaps, inconsistencies and disclosure issues

How is financial, telephone and digital evidence challenged?

Complex fraud cases may combine bank statements, company records, contracts, emails and accounting schedules with phone downloads, call-data records, cell-site evidence and messages. Each strand should be checked for accuracy, attribution and context before conclusions are drawn.

Telephone and cell-site material may be used to suggest contact, movement or participation. Important questions include who actually used a device or account, whether a message is complete, what a cell-site conclusion can reliably show and whether the financial and communications timelines truly support one another.

• Banking schedules and the alleged flow of funds
• Company, contract and accounting records
• Phone, email and account-user attribution
• Call-data, cell-site and message chronology
• Unused material and expert evidence

Serious fraud allegations we defend

The Fraud Act 2006 creates fraud by false representation, fraud by failing to disclose information where there is a legal duty, and fraud by abuse of position. Serious investigations may also allege conspiracy to defraud, false accounting, benefit fraud or organised fraud involving several people or businesses.

• Banking, investment and mortgage fraud
• Business, employee and abuse-of-position allegations
• DWP and benefit-fraud investigations
• False accounting and multi-defendant cases
• Fraud allegations linked to money laundering

Arrested, interviewed or prosecuted for serious fraud?

If the police or another investigator asks you to attend an interview, obtain advice before answering questions. Legal advice at a police station is free and independent. Keep potentially relevant documents and communications, do not delete or alter material, and do not contact other suspects or witnesses about the evidence.

Conspiracy to defraud is tried in the Crown Court and carries a maximum sentence of 10 years’ custody. Fraud Act offences also carry a maximum of 10 years. Any sentence is fact-specific and depends on the offence, harm, culpability, personal mitigation and other circumstances. Legal aid work is accepted where the relevant eligibility requirements are met, and an application can be submitted.

Ghafar Khan has been involved in criminal defence for nearly 25 years and acts with experienced solicitors and senior barristers where a case requires a wider team.

• Advice before a police or regulatory interview
• Early preservation and review of digital and financial evidence
• Crown Court preparation and advocacy
• Legal aid applications where eligible