Federal Conspiracy Charges

Understanding Federal Conspiracy Charges

Federal conspiracy is one of the most commonly charged offenses in the federal system. Under 18 U.S.C. Section 371, it is a crime for two or more persons to agree to commit any offense against the United States or to defraud the United States. Conspiracy is a favorite tool of federal prosecutors because it allows them to hold each conspirator liable for the acts of all other conspirators, even acts the defendant did not personally commit or even know about.

How Federal Conspiracy Works

A federal conspiracy conviction requires proof of three elements: (1) an agreement between two or more persons to commit a federal crime or defraud the United States; (2) the defendant knowingly and voluntarily joined the agreement; and (3) at least one conspirator committed an overt act in furtherance of the conspiracy. The agreement does not need to be formal or explicit; it can be inferred from the circumstances. This makes conspiracy charges extremely flexible and difficult to defend against without experienced counsel.

Pinkerton Liability

Under the Pinkerton doctrine, each member of a conspiracy is criminally liable for all reasonably foreseeable acts committed by co-conspirators in furtherance of the conspiracy. This means you can be held responsible for crimes you did not commit, did not plan, and may not even have known about. This dramatically expands the potential consequences of a conspiracy conviction and makes it essential to challenge the scope of the alleged conspiracy and the defendant’s role in it.

Defense Strategies

Defending against federal conspiracy charges focuses on several key areas. Our attorneys challenge the existence of an agreement, argue that the defendant’s involvement was innocent or unknowing, contest the scope of the conspiracy, and seek to sever the defendant from co-conspirators whose conduct may be prejudicial. We also challenge the testimony of cooperating witnesses, who often have strong incentives to exaggerate the roles of others in order to reduce their own sentences.

Federal conspiracy carries a maximum sentence of 5 years under Section 371, but many specific conspiracy statutes carry much higher penalties. Drug conspiracy under 21 U.S.C. Section 846, for example, carries the same penalties as the underlying drug offense, including mandatory minimum sentences. If you are facing federal conspiracy charges of any kind, contact our firm for a thorough evaluation of your case.

Defense Strategies We Use

Frequently Asked Questions