Question 1

How long does a fraud case take before it is over?

Accepted Answer

Fraud cases are notoriously slow to reach their end. Investigations usually take between one and three years. If a person is charged the case will usually take around a year or more to reach trial. Trials for conspiracy to defraud usually last between one and four months, depending on the complexity of the case and the number of defendants.

Question 2

Can I be convicted if I didn't know what was happening or I wasn't dishonest?

Accepted Answer

In order to prove a person's guilt in a conspiracy to defraud case, the prosecution has to prove that you knew that an offence was happening, that you knew it was dishonest and that you helped in some way. If you didn't know, it's not guilty. If you didn't know, it's not guilty. Naivety is not the same as being guilty. If you didn't know then you should not be convicted.

Question 3

Why don't the investigators believe me?

Accepted Answer

Fraud investigators, whether they are from the police, SFO, NCA or HMRC, are often cynical about any explanation a suspect may give, even when it might seem obvious that person wasn't involved. It is one aspect of how the system works. If the investigators take the view you're guilty and won't change their minds, it is worthwhile remembering that it is the jury who have the final say.

Question 4

I didn't even know other people in the conspiracy case. How can I be charged with conspiracy?

Accepted Answer

To be guilty of a conspiracy a person must be proven to have been part of a plan to commit an offence with at least one other person. They do not need to know the people they were in the plan with, although this is of course hard to imagine. They could be charged alongside people they didn't know who are alleged to have been a different part of the plan to commit offences. The person he or she is alleged to have been in a plan with could be another defendant or a suspect who has not been charged in the case. Sometimes people will be charged as having been in a conspiracy with 'persons unknown'.

Question 5

Will I be charged with conspiracy to defraud?

Accepted Answer

It is hard to tell if a person will be charged. Charged means a prosecutor has decided to bring the case to court for a criminal trial. The prosecutor can bring the case on the basis that he or she thinks that there is a 'reasonable prospect of conviction'. But this is quite subjective. Even if a person is charged, the defence can challenge the case before it reaches trial if there is insufficient evidence to convict, or no evidence and a judge will decide. This is a challenging argument because the evidence has to be very weak (or non-existent) for the judge to agree to stop the case without it reaching trial.

Question 6

If I am convicted what sentence will I get for conspiracy to defraud?

Accepted Answer

The maximum sentence for conspiracy defraud is 10 years imprisonment, but such long sentences are rare. The range of typical sentences is from non-custodial so-called suspended sentences to sentences in the mid to high single figures of years. A court will take into account certain things when deciding on sentence. These include:

Did the person plead guilty or were they convicted after a trial where they denied it?
Does the person have previous convictions?
What level of financial gain or loss or loss or others was involved?
What is the person's alleged role, i.e. junior or senior?
What level of planning and sophistication was involved?
Were there vulnerable victims?

The guidelines for fraud sentencing are found here.

For more detailed explanations on sentencing we recommend not relying on these explanations, and instead taking advice specific to your case from a properly qualified conspiracy to defraud solicitor or barrister.

Question 7

Will I lose my house or other assets in a conspiracy to defraud case?

Accepted Answer

You cannot usually lose your assets by confiscation under the Proceeds of Crime Act unless you have been convicted first. Assets can be frozen, however, until the end of the case, and this often happens without the person being notified first. If the person is convicted and has assets, it is often the case that some of those assets will be forfeited. There are some caveats, though. If you hold assets equally with someone else and can prove origin of the other half of the assets, that portion of the asset will likely be protected. If you are convicted on the basis of a certain level of benefit as a result of the offence or offences, it is unlikely that a greater amount than that benefit level will be forfeited. In circumstances where you can prove the origin of funds and assets in your name going back a period of six years, it will be harder for the prosecution to succeed in a large Proceeds of Crime claim.

We aim to stop conspiracy to defraud cases without them reaching trial

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