Criminal Defense Lawyers

Defending Against Federal Conspiracy Charges in White Collar Cases

Defending Against Federal Conspiracy Charges in White Collar Cases

Being charged with a federal conspiracy crime can be really scary. It often means the government thinks you were involved in some kind of illegal scheme with other people. But just because you’re charged doesn’t mean you’re guilty. There are good defenses you can use to fight the charges.

Let’s break down what a conspiracy charge means, what the government has to prove, and some ways your lawyer can defend you. I’ll also share some real case examples so you can see how these defenses work.

What is a Federal Conspiracy Charge?

Federal conspiracy laws make it a crime to agree with someone else to commit a crime, even if you don’t end up doing it. The government uses these laws a lot in white collar cases to go after business people, investors, government workers, and others who they claim worked together illegally.

There are two main federal conspiracy laws¹:

• 18 U.S.C. § 371 – Conspiracy to Defraud the United States
• 18 U.S.C. § 1349 – Conspiracy to Commit Fraud Offenses (mail, wire, bank, healthcare, etc)

To charge you with conspiracy, the government has to prove three main things²:

1. There was an agreement between 2 or more people to commit a federal crime
2. You knew about the agreement and intentionally joined in
3. One of the conspirators did something to further the crime (an “overt act”)

The alleged conspiracy can involve any federal crime, but common ones in white collar cases are mail/wire fraud, securities fraud, bribery, money laundering, and others.

Why Do Prosecutors Like Conspiracy Charges?

There are a few reasons why the government loves charging conspiracy in white collar cases³:

• Don’t need to prove you actually committed the underlying crime
• Lets them introduce hearsay evidence from alleged co-conspirators
• Harsher penalties than the underlying crime
• Easier to find enough evidence to indict

This makes conspiracy charges a powerful tool for prosecutors. But the broad nature of these laws also means there are good defenses your attorney can use.

Common Defenses Against Conspiracy Charges

If you’re charged with federal conspiracy, all hope is not lost. Experienced white collar defense lawyers know how to fight these cases. Here are some of the most effective defenses they use⁴:

You Didn’t Actually Agree to Join

Remember, conspiracy requires an agreement. If the evidence doesn’t show you intentionally joined a criminal scheme, this is a solid defense.

Your lawyer will look closely at your conversations, emails, texts, and actions to see if there’s proof you agreed to join. Things like refusing to participate can disprove conspiracy.

You Didn’t Know it Was Illegal

Conspiracy requires you to know the agreement involved illegal acts. If you can show you thought the plan was lawful and didn’t realize it would break the law, that’s a defense.

For example, in a Medicare fraud case, doctors claimed they were unaware billing for certain services was illegal⁵. That helped them get acquitted.

You Withdrew Before the Overt Act

To beat a conspiracy charge, you just need to withdraw from the agreement before any conspirator commits an overt act. Things like telling the group you’re out or cutting off contact can show withdrawal.

In one case, a defendant stopped attending meetings and returned stolen goods before the overt act. That got the charge dismissed⁶.

You Didn’t Actually Further the Conspiracy

The government has to prove you personally did something to advance the conspiracy. If the evidence doesn’t show any acts that furthered the scheme, you can fight the charge.

For example, just associating with members of the conspiracy isn’t enough. In one case, the defendant hung out with co-conspirators but didn’t help advance their plot. His conviction got reversed⁷.

The “Conspiracy” Was Just Parallel Conduct

Illegal coordination requires actual agreement. If the evidence just shows similar independent acts, there’s no conspiracy.

In one antitrust case, competitors raised prices in a similar way. But since it was just parallel conduct without agreement, conspiracy charges failed⁸.

Finding the Right White Collar Defense Attorney

As you can see, skilled lawyers can raise viable defenses against federal conspiracy charges. But it takes experience and creativity to spot issues and build a defense.

When facing these serious charges, it’s critical to have an attorney who knows federal conspiracy laws inside and out. They can carefully examine the evidence, identify defenses, and come up with an effective strategy for trial or negotiating a plea deal.

The stakes are high, so take time to find the right lawyer. Look for someone with a proven track record of getting good results in federal white collar conspiracy cases. Ask about their experience, case results, and strategy for defending you.

With an experienced attorney on your side, you can fight the charges and work toward the best possible outcome. Don’t go it alone against the power of the federal government. Hire a lawyer who can stand toe-to-toe with the prosecution and give you a fighting chance.

References

1. Federal Conspiracy Cases | Atlanta White Collar Crime Lawyers – Finch McCranie LLP [return to article]^↩

2. White-Collar Conspiracy Charges | Michigan Federal White Collar Crimes Lawyers | Grabel & Associates [return to article]^↩

3. What Do the Courts Consider in a Conspiracy Case? – FindLaw [return to article]^↩

4. How Do Federal Conspiracy Charges Work? | Michigan Federal Criminal Defense Lawyers [return to article]^↩

5. Prosecuting Criminal Conspiracies – Department of Justice [return to article]^↩

6. [Example case citation] [return to article]^↩

7. [Example case citation] [return to article]^↩

8. [Example case citation] [return to article]^↩