Conspiracy to Defraud

Conspiracy to Defraud

Conspiracy to Defraud is a separate offence from fraud. While fraud focuses on the actual deception itself, conspiracy to defraud focuses on the agreement to deceive someone.

In other words, even if a person did not personally say or commit any deceiving act; or to some extent the fraud has never been executed, he would still be liable so long as he joined the agreement. 

Conspiracy to Defraud is a common law offence. The maximum punishment is 14 years’ imprisonment under section 159C of the Crimes Ordinance (Cap. 200). 

Conspiracy to Defraud is committed when two or more parties come to an agreement to use dishonest means to either cause someone economic loss or to put someone’s economic interest at risk. As mentioned, the offence is committed once the agreement has been established, and the prosecution does not need to prove that the agreement was actually being carried out in reality. 

Further, the offence may also be committed by different parties agreeing to use dishonest means to cause a person to act contrary to his public duties.