Conspiracy to Defraud

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t is Wha CONSPIRACY TO DEFRAUD A Corruption Offence A Corruption Offence CONSPIRACY TO DEFRAUD Conspiracy to Defraud involves the agreement between two or more people to commit a crime by fraud. Under the Crimes Decree 2009, this criminal offence has three limbs in which the offence can be fulfilled: conspiracy to defraud by causing a loss, or obtaining an advantage, or influencing a public official. In terms of fraud, this could involve two or more people conspiring to commit the offences by various means – for instance, to ‘obtain a gain’, the persons involved could conspire to forge certain documents in order to achieve the gain. ELEMENTS OF CONSPIRACY TO DEFRAUD A unique feature of this offence is that it comes under the classification of an ‘in- choate’ offence, which basically means that it is a preliminary offence. Because it is a ‘preliminary offence’, it is usually linked with another more substantial crime like forgery and even money laundering. The main element for this crime is the presence of an agreement or conspiracy between two or more persons to commit a crime. It does not matter if the crime itself does not eventuate – if the agreement to commit it is present, than the persons will be guilty of the offence of conspiracy. COMMON PENALTIES FOR CONSPIRACY TO DEFRAUD Conspiracy to Defraud is a criminal offence under the Crimes Decree 2009 and imposes a maximum sentence of 10 years imprisonment. The penalties imposed by the Court for this crime range from a suspended sentence to 18 months - 3 years imprisonment, but the sentence itself varies on the perpetrators and their role in the conspiracy. The ‘masterminds’ or leaders in the conspiracy will nat- urally attract a more severe penalty than those who are merely facilitators in the conspiracy. Statutory Penalty 10 years imprisonment. CONTACT US Suva Office Western Office Northern Office Rev. John Hunt House Ground Floor Top Floor 3 St. Fort Street Superb Investments Bldgs Post Fiji Building Suva 30 Namoli Avenue Labasa Lautoka P.O.Box 2335 P.O.Box 9 Government Buildings P.O.Box 7106 Labasa Suva Lautoka Fiji Fiji Fiji Ph: (679) 331 0290 Ph: (679) 666 8093 Ph: (679) 881 6793 Fax: (679) 331 0297 Fax: (679) 666 9083 Fax: (679) 881 6792 Email: [email protected] www.ficac.org.fj Dial DON’T STAY SILENT... TO REPORT ON PUBLIC SECTOR CORRUPTION: Toll Free: (Vodafone1322 & Digicel).

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The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent.
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Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D.
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In the Supreme Court of the United States
No. 20-1129 In the Supreme Court of the United States SCOTT PHILLIP FLYNN, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION ELIZABETH B. PRELOGAR Acting Solicitor General Counsel of Record DAVID A. HUBBERT Acting Assistant Attorney General S. ROBERT LYONS KATIE BAGLEY JOSEPH B. SYVERSON GREGORY VICTOR DAVIS Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED 1. Whether petitioner understood the nature of his offense when he pleaded guilty to conspiring to defraud the United States in violation of 18 U.S.C. 371. 2. Whether a charge of conspiring to defraud the United States in violation of 18 U.S.C. 371 is void for vagueness absent a requirement that the government prove a nexus between a defendant’s conduct and a par- ticular administrative proceeding. 3. Whether a district court is required to hold a sep- arate jury trial to determine the amount of restitution where a criminal defendant has stipulated to a range of financial loss caused by his unlawful conduct and the court-determined restitution figure is within that amount. (I) ADDITIONAL RELATED PROCEEDINGS United States District Court (D. Minn.): United States v. Flynn, No. 16-cr-347 (Jan. 24, 2019) United States Court of Appeals (8th Cir.): United States v. Flynn, No. 19-1263 (Aug. 13, 2020) (II) TABLE OF CONTENTS Page Opinion below ................................................................................ 1 Jurisdiction .................................................................................... 1 Statement ...................................................................................... 1 Argument ....................................................................................... 6 Conclusion ..................................................................................
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Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P.
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Colin Banham Crime
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Supreme Court of the United States Petition for Writ of Certiorari
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Tax Crimes Handbook
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Petitioner, V
No. 21- In The Supreme Court of the United States SCOTT PHILLIP FLYNN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. On Petition For A Writ of Certiorari To The United States Court Of Appeals For The Eighth Circuit PETITION FOR WRIT OF CERTIORARI IAN M. COMISKY Counsel of Record PATRICK J. EGAN FOX ROTHSCHILD LLP 2000 Market Street, 20th Fl. Philadelphia, PA 19103 (215) 299-2000 [email protected] i QUESTIONS PRESENTED I. Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States, 394 U.S. 459 (1969) and more recent decisions of this Court, requires discussion in open court of the elements of an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) offense to advise the defendant of the nature of the charges against him before a guilty plea is accepted. II. Whether the requirement for a nexus between a particular administrative proceeding and a taxpayer’s conduct is necessary to save the constitutionality of a conviction under an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) after this Court’s decision in Marinello v. United States, 138 S. Ct. 1101 (2018). III. Whether a criminal defendant is entitled to a jury trial to determine the amount of restitution under either the Sixth or Seventh Amendments to the United States Constitution. ii PARTIES TO THE PROCEEDINGS Petitioner Scott Phillip Flynn was the defendant in the district court and the appellant in the Eighth Circuit. The respondent is the United States of America.
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Federal Criminal Conspiracy Todd R
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Obstruction of Congress: an Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities
Obstruction of Congress: An Abridged Overview of Federal Criminal Laws Relating to Interference with Congressional Activities Updated November 5, 2010 Congressional Research Service https://crsreports.congress.gov RS22784 Obstruction of Congress Summary Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, it is several crimes. Obstruction prosecutions regularly involve charges under several statutory provisions. Federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. The general obstruction of justice provisions are six: 18 U.S.C. 1512 (tampering with federal witnesses), 1513 (retaliating against federal witnesses), 1503 (obstruction of pending federal court proceedings), 1505 (obstruction of pending congressional or federal administrative proceedings), 371 (conspiracy), and contempt. Other than Section 1503, each prohibits obstruction of certain congressional activities. In addition to these, there are a host of other statutes that penalize obstruction by violence, corruption, destruction of evidence, or deceit. Moreover, regardless of the offense for which an individual is convicted, his sentence may be enhanced as a consequence of any obstruction of justice for which he is responsible, if committed during the course of the investigation, prosecution, or sentencing for the offense of his conviction. The enhancement may result in an increase in his term of imprisonment by as much as four years. This is an abridged version of CRS Report RL34304, Obstruction of Congress: a Brief Overview of Federal Law Relating to Interference with Congressional Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
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Inchoate Offences: Conspiracy, Attempt and Incitement in 2010, The
Inchoate offences: conspiracy, attempt and incitement In 2010, the Commission published its Report on Inchoate Offences (LRC 99-2010) (3rd Programme of Law Reform, Project 19), which followed from its 2008 Consultation Paper on Inchoate Offences (LRC CP 48-2008). The Report contains the Commission’s final recommendations for reform in the law concerning incitement, conspiracy and attempt, together with a draft Criminal Law (Inchoate Offences) Bill. Incitement, conspiracy and attempt are inchoate offences because they criminalise conduct which may be described as working towards the commission of a particular offence. For example, the complete offence of murder requires the wrongful killing of a human being; whereas the offence of attempted murder caters for cases where the accused tries, but fails, to kill the victim. Similarly, the offences of conspiracy to murder and incitement to murder provide for cases where the accused has made an agreement to kill (conspiracy), or has sought to persuade someone else to kill (incitement). Prosecutions for incitements, conspiracies and attempts are relatively infrequent compared to prosecutions for the offences to which they relate, but charges such as incitement to murder (usually called solicitation), conspiracy to defraud and attempted robbery remain an important part of the criminal law. Among the key recommendations in the Commission’s Report are: On conspiracy: • only agreements to commit a criminal offence should be criminal conspiracies. This would be a significant reform of current law. At present the crime of conspiracy includes agreements to commit civil as well as criminal wrongs. • abolition of the vague offences of conspiracy to corrupt public morals, conspiracy to effect a public mischief and conspiracy to outrage public decency.
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Mail and Wire Fraud: a Brief Overview of Federal Criminal Law
Mail and Wire Fraud: A Brief Overview of Federal Criminal Law Updated February 11, 2019 Congressional Research Service https://crsreports.congress.gov R41930 SUMMARY R41930 Mail and Wire Fraud: A Brief Overview of February 11, 2019 Federal Criminal Law Charles Doyle The mail and wire fraud statutes are exceptionally broad. Their scope has occasionally given the Senior Specialist in courts pause. Nevertheless, prosecutions in their name have brought to an end schemes that have American Public Law bilked victims out of millions, and sometimes billions, of dollars. The statutes proscribe (1) causing the use of the mail or wire communications, including email; (2) in conjunction with a scheme to intentionally defraud another of money or property; (3) by means of a material deception. The offenses, along with attempts or conspiracies to commit them, carry a term of imprisonment of up to 30 years in some cases, followed by a term of supervised release. Offenders also face the prospect of fines, orders to make restitution, and forfeiture of their property. The mail and wire fraud statutes overlap with a surprising number of other federal criminal statutes. Conduct that supports a prosecution under the mail or wire fraud statutes will often support prosecution under one or more other criminal provision(s). These companion offenses include (1) those that use mail or wire fraud as an element of a separate offense, like racketeering or money laundering; (2) those that condemn fraud on some jurisdictional basis other than use of the mail or wire communications, like those that outlaw defrauding the federal government or federally insured banks; and (3) those that proscribe other deprivations of honest services (i.e., bribery and kickbacks), like the statutes that ban bribery of federal officials or in connection with federal programs.
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