| Of all criminal charges, the most intimidating can be | | | | 963 (RICO). |
| federal charges. This is especially true when one is | | | | In order to be convicted of a conspiracy the evidence |
| dealing with a federal conspiracy charge. Some may | | | | must prove the defendant knew of the conspiracy, |
| ask just want exactly is a conspiracy? A conspiracy | | | | purposefully associated themselves with it and |
| exists when two or more people form an agreement | | | | affirmatively cooperated in it, or at least agreed to |
| to do some act or refrain from doing some act. | | | | cooperate in the objective of the conspiracy. |
| A conspiracy to commit a crime is a crime in and of | | | | However, the law is established that mere presence at |
| itself, which means that conspiracy is charged as a | | | | a location, even with knowledge that a crime is being |
| separate offense and apart from the crime that the | | | | committed there, is not sufficient to establish that a |
| parties to the conspiracy conspired to commit. | | | | defendant was a member of the conspiracy. |
| There are several reasons for a prosecutor to charge | | | | The punishment for conspiracy laws is generally the |
| someone with conspiracy, and despite the fact that | | | | same as the punishment for the underlying crime |
| the law defines conspiracy as "agreement" between | | | | agreed upon by the conspirators. However, many |
| two or more persons, only one person need intend to | | | | things can actually factor into the punishment. |
| commit a crime out of the conspiracy. | | | | If the government believes that the conspiracy has |
| Most federal statutes require that the government | | | | been ongoing in nature, they may attempt to introduce |
| prove at least one of the co-conspirators committed | | | | evidence of all the prior acts of which they have |
| an overt act during the course and in furtherance of | | | | knowledge. |
| the unlawful agreement. For example, an overt act is | | | | This is common in drug conspiracies where the |
| required for a conspiracy under 18 U.S.C. 371 (to | | | | quantities are often times added together to produce a |
| commit offense against or to defraud the United | | | | much larger amount than may have actually been |
| States), 18 U.S.C. 1117 (to commit murder); 18 U.S.C. 1201 | | | | seized. Many times the government has obtained this |
| (kidnapping); and 18 U.S.C. 1751 (Presidential | | | | information related to the conspiracy from a |
| assassination). | | | | cooperating witness. |
| However, an overt act is not required for 18 U.S.C. 241 | | | | There are defenses to the crime of conspiracy. Thus, |
| (violate civil rights); 18 U.S.C. 2385 (advocate overthrow | | | | it is important to hire counsel who has experience in |
| of government); 21 U.S.C. 846 (drugs); and 21 U.S.C. | | | | this area of the law. |