This month saw the acquittal of three men at Norwich Crown Court who were charged with conspiracy to defraud.  A not guilty verdict was returned after a lengthy 9-week trial.

Conspiracy to defraud is a separate offence to the more commonly prosecuted offences under the Fraud Act 2006.  In short, conspiracy to defraud involves the situation where two or more people make a dishonest agreement to deprive an individual of something which he or she is entitled to.  It is a common law offence whereas the offences under the Fraud Act are statutory offences.

The Government gives the following as examples of offences that can only be prosecuted as conspiracy to defraud, rather than as statutory offences:

• Cases where it is intended that the final offence be committed by someone outside the conspiracy
• Cases where the accused cannot be proved to have had the necessary degree of knowledge of the substantive offence to be perpetrated

In 2009, Norfolk Trading Standards opened an investigation into companies operated by the accused.  Allegations were made that their products were mis-sold which led to individuals subscribing to unnecessary satellite systems and packages aimed at preventing nuisance calls.  It was alleged that the directors had gained £9million from the fraud.

Trading Standards argued that, following many complaints concerning the relevant companies, it was in the public interest to prosecute the defendants.  However, the defendants always maintained their innocence.  The jury ultimately returned a not guilty verdict, ending a lengthy process which caused immense trauma for the defendants.

In a statement released following the not guilty verdict (as reported in the Eastern Daily Press), one of the defendants noted that they had ‘been on one of the most arduous journeys of our entire lives’.  Noting that their businesses had not been unable to survive, the defendants stated that they ‘have lost everything fighting this, and our innocence has finally been proven. We now look forward to putting this nightmare behind us and moving on with our lives.’

Contact Mark Kelly Expert Fraud Defence Barrister

Cases such as this illustrate the importance of excellent, high quality defence.  Fraud cases are often complex and it is therefore important that you have the best possible representation at every stage.  I have extensive experience in dealing with fraud offences and understand the pressure placed on individuals going through this process.  It is important that you instruct someone with the necessary legal knowledge and experience to help you defend any allegations of fraud and allow you to rebuild your life. Contact me directly.