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Conspiracy to Defraud Solicitors in London

Specialist London Solicitors in Conspiracy to Defraud cases

At MFI Law Limited we have the expertise in representing clients charged with the offence of conspiracy to defraud. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

Conspiracy to defraud is governed by Section 1 of the Criminal Law Act 1977.

Conspiracy

  1. If a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—
    1. will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement; or
    2. would do so but for the existence of facts which render the commission of the offence or any of the offences impossible;
    he is guilty of conspiracy to commit the offence or offences in question.

‘…“To defraud” ordinarily means…to deprive a person dishonestly of something which is his or of something to which he is or would or might but for perpetration of the fraud be entitled’, (Scott v Metropolitan Police Commissioner [1975] AC 819).

The standard definition of a conspiracy to defraud was provided by Lord Dilhorne in Scott Commissioner [1975] AC 910 when he said:

It is clearly the law that an agreement by two or more by dishonesty to deprive a person of something which is his or to which he is or would be entitled and an agreement by two or more by dishonesty to injure some proprietary right of his, suffices to constitute the offence of conspiracy to defraud”

Conspiracy to defraud often includes charges relating to breach of trust, for example a professional such as an accountant, a solicitor, a bank employee or a postman has used his trusted and privileged position to defraud his partners, clients employers or the general public. Conspiracy to defraud also includes mortgage frauds cases where often mortgage brokers, applicants and other professional or non-professionals have been involved. It also includes professional fraudsters who target the benefit system, student loans system and other systems who operate carefully organised frauds on a large scale in which considerable sums of money can be obtained.

Sentencing guidelines for Conspiracy to defraud

Maximum Sentence: 10 years imprisonment

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