What is the difference between conspiracy to commit fraud and fraud?

Asked over 4 years ago - New York, NY

One of my friends was recently arrested and charged with conspiracy to commit fraud. I just want to know what is the difference b/t the 2 charges. Is it going to be a lighter sentence if it is conspiracy and not actually fraud? Pls Help.

Attorney answers (1)

  1. Christopher Charles Brocato

    Contributor Level 10

    Answered . Fraud is the actual act of deceiving someone. Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result. While conspiracy it the planning between two or more individuals and steps taken to commit the fraud. Conspiracy is a crime separate from the criminal act for which it is developed. The essence of conspiracy is the agreement between two or more persons. A single person acting alone cannot be guilty of conspiracy

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