18 U.S.C. § 371 – Conspiracy to defraud the United States

18 U.S.C. § 371 – Conspiracy to Defraud the United States

Conspiracy laws can seem really confusing — what exactly is the crime here? Well, 18 U.S.C. § 371 makes it illegal to conspire or agree to commit any offense against the U.S. or defraud the government. Let’s break it down into simple terms.

What the Law Says

The main parts of 18 U.S.C. § 371 say that “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof…and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined or imprisoned not more than five years, or both.” So basically, it’s illegal to agree with someone else to commit a federal crime or defraud the government, and then take any action to follow through on that agreement.

What is “Conspiracy”?

A conspiracy just means people agreeing to do something illegal. You can be charged with conspiracy even if you don’t actually commit the crime you agreed to do. For example, if you and your friend agree to rob a bank, you’ve committed conspiracy even if you don’t go through with the robbery. The key elements the prosecution has to prove are:

• There was an agreement between two or more people
• The purpose was to commit a crime or defraud the U.S. government
• At least one person did some act to further the agreement

So if you start planning a bank robbery by gathering supplies or staking out the bank, that can be enough of an “overt act” to charge conspiracy, even if the robbery never happens.

What Does it Mean to “Defraud” the U.S.?

Defrauding the U.S. government under 18 U.S.C. § 371 basically means obstructing or interfering with lawful government functions. According to the U.S. Department of Justice, this covers things like:

• Impairing or obstructing lawful functions of government departments or agencies
• Interfering with or obstructing lawful government activities
• Deceiving or cheating the government out of money or property
• Obstructing the reporting of information to the government

Some examples could be conspiring to not pay taxes you owe, providing false information on government forms, or agreeing to cover up a crime.

Penalties for 18 U.S.C. § 371 Conspiracy

If convicted under 18 U.S.C. § 371, the maximum sentence is 5 years in prison and/or a fine. However, if the object of the conspiracy was to commit a misdemeanor, the maximum sentence is up to the maximum for that misdemeanor. For example, if you conspired to commit a misdemeanor offense with a 1 year maximum sentence, your maximum for the conspiracy would be 1 year.

Famous Conspiracy Cases

Some notable conspiracy cases include:

• Enron – Executives were convicted of conspiracy to commit securities and wire fraud for falsely inflating profits and deceiving investors.
• Iran-Contra affair – Government officials were charged with conspiracy for facilitating arms sales to Iran and funneling proceeds to rebels in Nicaragua.
• Watergate – President Nixon’s advisors were convicted of conspiracy for the coverup of the Watergate break-in.

Proving Conspiracy Charges

Since direct evidence of a conspiracy is rare, prosecutors often have to rely on circumstantial evidence. Some key factors courts look at include:

• Were the alleged co-conspirators in contact with each other?
• Did they have opportunity to conspire?
• Did the actions and statements of alleged conspirators reflect knowledge of the conspiracy?
• Was there a common motive for the alleged illegal goal?

If enough connections suggest an agreement was made, conspiracy charges can stick even if strong direct evidence is lacking.

Possible Defenses

Some potential defenses to conspiracy charges include:

• No agreement actually existed – The conversations or actions were just idle talk, not an actual agreement.
• Withdrawal from the conspiracy – You took affirmative steps to disavow and withdraw from the conspiracy.
• Entrapment – Government agents improperly induced you to commit a crime you otherwise wouldn’t have.
• Statute of limitations – Too much time passed between the conspiracy and being charged.

An experienced criminal defense lawyer can analyze the evidence against you and develop the best defense strategy. They may be able to get charges reduced or dismissed through pretrial motions or plea negotiations.

Takeaways

• 18 U.S.C. § 371 makes it a federal crime to agree with someone else to commit a crime against or defraud the U.S.
• Merely the agreement plus one overt act in furtherance is enough, even if the planned crime doesn’t occur.
• The maximum sentence is 5 years in prison, unless the target offense was a misdemeanor.
• Prosecutors use circumstantial evidence like contacts, communications, and motives to prove conspiracy.
• Possible defenses include no real agreement existed, withdrawing from the conspiracy, entrapment, or statute of limitations.

Conspiracy charges should always be taken seriously. An experienced federal criminal defense lawyer can thoroughly review the government’s evidence against you and build the strongest defense to these complex charges.