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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.
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