![]() Another advantage for law enforcement is based on the theory of vicarious liability. What are the advantages to using the Conspiracy statute? It’s important to understand that the crime of Conspiracy does NOT merge with the substantive offense, so can be charged separately from the substantive offense. Once the Overt Act occurs, the crime of Conspiracy is “complete” and can be charged under Title 18 U.S.C. The Overt Act MUST come after the Agreement we have been talking about. In other words, instead of simply talking about the crime, the conspirators have actually taken a step towards making it a reality. The Overt Act, done in furtherance of the Agreement demonstrates that Agreement has advanced from merely talk to action. The Overt Act is some affirmative act done by one or more of the co- conspirators. The final element of the crime of Conspiracy under Title 18, U.S.C. There MUST be some overt act in furtherance of the agreement committed AFTER the Agreement has been reached. Just having an agreement between two or more persons to commit a criminal offense is not, in itself, a Conspiracy. In other words, a person can be prosecuted and convicted for the underlying crime AND for Conspiracy to commit that crime. One important thing to keep in mind is that the crime of Conspiracy is different and distinct from the substantive or underlying crime. The Agreement is the essence of any Conspiracy. You said the crime of Conspiracy requires that there be an actual agreement to violate federal law or defraud the government. For a misdemeanor offense, the maximum punishment cannot exceed the maximum possible punishment for the misdemeanor. The general Conspiracy statute provides a maximum punishment of not more than five (5) years, as well as a fine up to $250,000.00 for a felony offense. It just has to be some act that demonstrates that the agreement is now being acted upon. In addition, the overt act that follows the agreement doesn’t necessarily have to be an illegal act. For example, if it can be shown that a participant is receiving some direct benefit from the illegal activity, this is a good indication that the person is a part of the Conspiracy. ![]() Many times this “agreement” will be proven by circumstantial evidence. Well, only if the government can prove that those involved entered into some agreement to commit the crime and that there was some overt act committed after the agreement was reached to help it succeed. So, anytime 2 or more people are involved in a crime, there’s a Conspiracy? Also, the overt act done in furtherance of the agreement must occur AFTER the agreement has been reached. This means that in proving that there are two (2) or more person involved, undercover officers and confidential informants would not count because they would not have the requisite criminal intent. In other words Michelle, the government must prove that these 2 or more persons intentionally entered into an agreement to commit some criminal offense. Based on these elements, we know that the crime of Conspiracy is a specific- intent crime. Commit some overt act in furtherance of the agreement. to violate federal law or defraud the United states, and then 5. Well, there are basically 5 elements for the crime of Conspiracy. This podcast will focus exclusively on the general Conspiracy statute found at Title 18 USC § 371. State statutes also contain anti-conspiracy laws. Specific federal anti-conspiracy statutes are found throughout federal law. An important feature of the Conspiracy statute is that it enables the investigator to get beyond the first layer of visible members to find and prosecute the “brains” behind a criminal scheme or organization. The crime of Conspiracy was created to address the inherent dangers posed to society when people come together and join forces to commit criminal acts. ![]() Legally, a Conspiracy exists when 2 or more persons join together and form an agreement to violate the law, and then act on that agreement. ![]() A Conspiracy can be described generally as a sort of partnership in crime. In a separate podcast, we will also discuss Party Offenses which are found in Title 18 United States Code §§ 2(a), 2(b), 3 and 4. Specifically, we are going to talk about the general Conspiracy statute found at 18 United States Code § 371. We are here today to discuss Conspiracy law. I previously worked with the City of Atlanta as a prosecutor for 6 years. I am also an instructor with the FLETC, and I have been in the Legal Division since 2007. I came to the FLETC LGD in 2006 from ICE where I served as an Assistant Chief Counsel for 10 years. Hello! I am John Seaman, an attorney assigned to the FLETC, Legal Division at Glynco, GA.
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