Criminal Conspiracy: Fraud

Criminal Conspiracy is not always mean felony. Conspiracy is usually graded the same as the crime offenders were conspiring to commit. For example: If group of offenses to conspire to rob Fort Knox and are successful in robbing Fort Knox before they are arrested, then they will be charged with robbing Fort Knox. They will not also be charged with conspiracy to rob Fort Knox, because it is included in the charge of robbery.

The offense of conspiracy to defraud requires that two or more individuals dishonestly conspire to commit a fraud against a victim. The offense is extremely wide. It is sufficient for the fraudsters to know that the result of their actions will necessarily result in the defrauding of the victims. The fraudsters do not have to intend to defraud the victim as the primary purpose of the conduct. The offense does not require deception or an intent to cause financial loss. …show more content…
In other words an act can be carried out by one Defendant independently and this act would not amount to a criminal offense. Conversely the same act carried out by two persons may constitute an offense of conspiracy to defraud.
Conspiracy to defraud requires an element of dishonesty. However the current definition of dishonesty means that activities which may not normally be a criminal offense may be found to be fraudulent if a jury finds them to be dishonest. Consequently prosecutors have an extremely wide discretion as to whether to commence criminal proceedings for conspiracy to defraud and this can potentially result in unfair