"It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied."
Walsall Council
Access all documents on Conspiracy to defraud
A conspiracy to defraud is an agreement by two or more persons by dishonesty to deprive a person of something which is his or to which he is or would be or might be entitled, or to injure some proprietary right of his.
The first variant of the offence involves economic prejudice, and here it suffices if there if there is a dishonest agreement to expose the proposed victim to some form of economic risk or disadvantage. In the second variant, there must be a dishonest agreement by two or more persons to defraud another by deceiving him into acting contrary to his duty.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Offences for which a DPA may be entered into—checklist A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to enable the latter to defer a prosecution by staying an indictment on specific terms. No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force. A DPA therefore allows a company to continue without the threat of a lengthy criminal investigation and a costly prosecution hanging over it. For detailed information on DPAs, see Practice Notes: • Deferred prosecution agreements • DPA process • Terms and content of a DPA • DPAs in practice DPA’s are only available to organisations in respect of the offences specified under the Crime and Courts Act 2013, Sch 17 (CCA 2013). The checklist below, lists the offences for which a DPA may be entered into, including common law and statutory offences. In addition to the offences below, any offence that is ancillary to those listed below,...
Sentencing Guidelines for Corporate offenders—Fraud or VAT offences checklist This Checklist summarises the Sentencing Council’s guidelines for sentencing corporate offences of fraud under the Fraud Act 2006 (FrA 2006), Theft Act 1968 (TA 1968), Value Added Tax Act 1994 (VATA 1994) and Customs and Excise Management Act 1979 (CEMA 1979) in the Crown Court and magistrates’ court. The Fraud Guidelines for corporate offenders can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. This includes: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in...
Discover our 2 Checklists on Conspiracy to defraud
Offence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act 1977 (CLA 1977) and is triable only on indictment.The offence requires that two or more individuals dishonestly conspire to commit a fraud against a victim. It is a very wide offence and catches conduct that might not constitute an offence but which, by reason of two or more people agreeing to do it with the requisite intent, it becomes an offence.Common law conspiracy is therefore wider than statutory conspiracy because it does not require the agreement to be in respect of the commission of a substantive criminal offence.The statutory offence of conspiracy is found in CLA 1977, s 1. The statutory offence requires a conspiracy that will necessarily amount to or involve the commission of an offence by one or more of the parties to the agreement, or would do so, but for the existence of facts that render the commission of the offence or any of...
Extradition appeals tracker—2020 decisions [Archived] ARCHIVED: This Practice Note has been archived and is not being maintained. It is being retained for historical interest and to provide practitioners with a quick overview of developments in extradition case law during 2020. This tracker includes details of extradition appeals judgments which were given during the UK's Brexit implementation period between 31 January 2020 and 31 December 2020 (IP completion), when the UK continued to be treated as a Member State for the purposes of extradition arrangements with the remaining 27 Member States of the European Union (EU27) and therefore when extradition appeals in respect of these states were dealt with under Part 1 of the Extradition Act 2003 (EA 2003). For further details on the impact of Brexit and IP completion on this area, see Practice Notes: What does IP completion day mean for corporate crime? [Archived] and Brexit—implications for law enforcement and judicial co-operation in criminal matters (pre-TCA) [Archived]—Impact of Brexit on extradition. Section 6 of the European Union...
Discover our 65 Practice Notes on Conspiracy to defraud
Pre-qualification questionnaire [Archived] Introduction The Authority intends to award a [contract OR framework agreement] for [requirement OR project] The procurement is subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. This pre-qualification questionnaire (PQQ) is based on the standard PQQ recommended to all contracting authorities in statutory guidance issued under PCR 2015, reg 107(1). The Authority will use the information provided in response to this PQQ to make an assessment of the Supplier’s economic and financial standing, technical and professional ability, and general good standing, and to decide who will be invited to [tender OR negotiate] to participate in a [competitive dialogue OR innovation partnership] procedure for the [contract OR framework agreement]. The background to the [requirement OR project] is set out in the accompanying Information Memorandum together with information on how the requirement is structured and the conditions of participation. PQQ responses will be assessed in accordance with the accompanying Evaluation Model. In this PQQ, ‘Authority’ means the...
Corporate criminal liability—code of ethics 1 Introduction 1.1 [Insert organisation name] takes great pride in the way we conduct our business. Our Code of ethics embodies the standards and policies under which we operate. It applies to us all. Please take care to read the Code, understand it, and use it to guide you in your work. If you have any questions about the Code and its application, you should speak with [insert, eg your manager]. 1.2 [Insert organisation name] has a zero tolerance towards employees committing criminal acts. 1.3 From 26 December 2023, the Economic Crime and Corporate Transparency Act 2023 provides that where a senior manager, acting within the actual or apparent scope of their authority, commits a relevant offence, the organisation is also guilty of the offence. 2 Senior manager 2.1 A senior manager is someone who plays a significant role in: 2.1.1 making decisions about how the whole or a substantial part of the activities of the organisation are to be managed or organised, or 2.1.2...
Dive into our 3 Precedents related to Conspiracy to defraud
If the time for the registration of a legal charge created by a company over land at Companies House has been missed (outside the 21 day period), can the legal charge be post-dated and can an application be made to re-register? There are serious consequences for failing to register a charge at Companies House in time, however, there are options to correct the situation. While it is not possible to post-date the document to re-register the charge (backdating a document is potentially an offence. It may also be conspiracy to defraud and contrary to the rules of professional conduct for solicitors: sections 17 and 19 of the Theft Act 1968), there are two main options for rectifying the situation; either to apply for an extension of time to register the charge or to retake the security. Extension of time If a charge is not registered in time, the chargor or any person interested in the charge (eg the chargee) can apply to the court to extend the...
Can the lease have an effective date that is prior to the date of signature? Date of signature v date of commencement The date on which a lease is intended to commence can be different to the date on which it is signed. Whereas a simple contract takes effect once signed by all parties, a deed will take effect on delivery. If the obligations under the deed are intended to commence or be deemed to commence on a date different to the date of delivery, then this should be made clear in the document itself in a separate commencement clause. The date of the deed is usually stated at the beginning of the document and the commencement clause within the main body of the document. Practice Note: Executing documents—deeds and simple contracts summarises the law, guidance and practice relating to simple contracts and deeds, including the particular transactions for which a deed is required and execution formalities for deeds. You may find this helpful as this explains the...
See the 3 Q&As about Conspiracy to defraud
This week's edition of Corporate Crime weekly highlights includes analysis of compliance trends in the landscape of corporate ethics to be expected in 2025, of the OTSI‘s guidance published on ‘no-Russia' clauses and countering Russian sanctions evasion and of the SFO securing its first UWO linked to a £100m fraud case. Also included is news of amendments to the Criminal Procedure Rules due to come into force in February and April, of the MoJ’s newly launched consultation on the role of computer evidence in the criminal justice system, of Defra’s recently published guidance to assist businesses in preparing for the ban on the sale and supply of single-use vapes and of the EA Chief Regulator’s call for reforms to the UK's environmental regulation framework following the release of their 2023/24 report on environmental enforcement statistics. All this, and more, in this week’s Corporate Crime highlights.
The Serious Fraud Office (SFO) has announced that the Court of Appeal has upheld the sentences and convictions of Andrew Skeene and Omari Bowers, former directors of Global Forestry Investments. The pair were found guilty in May 2022 of three counts of conspiracy to defraud and one count of misconduct in the course of winding up a company, resulting in 11-year prison sentences. The case, investigated by the SFO since 2015, involved a purportedly ethical investment scheme that defrauded investors of approximately £37m. This ruling follows hearings in February and November 2024 where Skeene and Bowers sought permission to appeal their sentences and convictions.
Read the latest 224 News articles on Conspiracy to defraud
**Trials are provided to all UUÂãÁÄÖ±²¥ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these UUÂãÁÄÖ±²¥ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234