Conspiracy to defraud - lawyer guide

Summary

Conspiracy to defraud is a common law offence in England and Wales. It occurs when two or more people agree to act dishonestly together to: * Deprive another person of their property or rights; or The agreement does not need to be formalised, nor does the fraudulent act need to be carried out for the offence to be committed. The mere intention to defraud, coupled with an agreement to act upon it, is sufficient. * Agreement- there must be a meeting of minds between two or more people to carry out the fraudulent act. * Dishonesty- the intention to act dishonestly and deprive another person of their property or rights is essential. * Deprivation or Loss - the intended outcome of the conspiracy must be to deprive another person of something valuable, either financially or otherwise. * Two friends agreeing to fake an accident and claim compensation from an insurance company. * A business owner and employee conspiring to inflate invoices and embezzle from the company. * A group of individuals colluding to manipulate the stock market through insider trading. * Partners in a relationship planning to deceive one another during divorce proceedings to gain a financial advantage. Conspiracy.

Key information

• •Deprive another person of their property or rights; or
• •Cause them financial loss.
• •Agreement- there must be a meeting of minds between two or more people to carry out the fraudulent act.
• •Dishonesty- the intention to act dishonestly and deprive another person of their property or rights is essential.
• •Deprivation or Loss - the intended outcome of the conspiracy must be to deprive another person of something valuable, either financially or otherwise.
• •Two friends agreeing to fake an accident and claim compensation from an insurance company.
• •A business owner and employee conspiring to inflate invoices and embezzle from the company.
• •A group of individuals colluding to manipulate the stock market through insider trading.
• •Partners in a relationship planning to deceive one another during divorce proceedings to gain a financial advantage.
• •Lack of agreement \- you did not agree to participate in a fraudulent scheme.
• •Lack of dishonesty \- you did not intend to act dishonestly.
• •Mistake of fact \- you acted under a genuine mistake about the facts of the situation.

Practical guidance

• •Source: [Conspiracy to defraud - lawyer guide](https://www.taylor-rose.co.uk/posts/conspiracy-to-defraud)

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