![]() ![]() ![]() For one, every member of the conspiracy is responsible for the criminal acts of others taken in furtherance of the conspiracy, so a conspiracy charge can dramatically enhance the consequences of a guilty verdict for any single defendant. In one year alone, federal prosecutors charged conspiracy in nearly 1,000 cases.Ī conspiracy charge provides the government with numerous advantages. It is frequently included along with securities fraud, bank fraud, insurance fraud, and mail or wire fraud charges in white collar criminal cases. ![]() If the facts support it, a prosecutor will almost always charge conspiracy. A defendant can be convicted of conspiracy, yet be acquitted of the substantive crime he conspired to commit. For example, one co-conspirator’s rental of a van – a perfectly legal act – to be used in a bank robbery is sufficient for his co-conspirators to be held criminally accountable for their agreement to rob the bank, even if no other steps are taken.Ī co-conspirator must have knowledge of the agreement and its unlawful objectives, but it isn’t necessary for a conspiracy to succeed in its unlawful objective. The overt act itself need not be unlawful, and not all members of the conspiracy are required to take an overt act one co-conspirator’s overt act is enough. At least one co-conspirator must take an overt act in furtherance of the conspiracy.The co-conspirators must agree to commit a federal crime or to defraud the United States or any federal agency in any manner and for any purpose.If there is no agreement, there can be no conspiracy. The agreement by two or more persons is the essence of the crime.The agreement itself is the crime, but at least one co-conspirator must take an “overt act” in furtherance of the conspiracy. If a person conspires to commit a misdemeanor which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 3 misdemeanor.Put simply, a criminal conspiracy is an agreement to commit an unlawful act. (5) If a person conspires to commit a felony which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, he is guilty of a class 6 felony. (4.5) Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section. (4) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode. (3) If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity. (2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired. (1) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime. ![]()
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