Conspiracy

Conspiracy

Conspiracy is defined in 18 U.S.C. § 371 as the agreement between two or more individuals to commit an unlawful act against the United States or one of its agencies; and one or more of these individuals commit an act to accomplish the purposes of the illegal agreement.

There is a broad range of conduct covered under the rubric of conspiracy:

  • Possession of controlled substances such as cocaine, methamphetamine, heroin, LSD, ecstasy, marijuana, etc.
  • Manufacturing and distributing or attempting to distribute the above narcotics pursuant to 21 U.S.C § 846.
  • Fraud and misrepresentation are common charges included in an indictment for conspiracy. These crimes involve health insurance fraud, mortgage fraud, Medicare fraud, Medicaid fraud, bankruptcy fraud, immigration fraud, or prosecutions stemming from the COVID-19 relief funds under the CARES Act like SBA loan applications or unemployment claims.
  • Federal prosecutors can also seek conspiracy charges for individuals involved extortion schemes.

A person charged with conspiracy does not need to know all the individuals who  participated in the illegal act nor does the person need to know he or she  agreed to commit a crime to face potential monetary fines, imprisonment, or both. 

If you or a loved one is under investigation or has been charged with conspiracy, contact our office to request a free case evaluation at (424) 371-5930.

For example, in Ocasio v. United States, the Supreme Court noted that an extortion scheme between members of the Baltimore Police with Majestic Auto Repair Shop (Majestic) to take kickbacks in exchange for referrals to Majestic violated the Hobbs Act.  The Court held a conspiracy to commit extortion can involve the participation of the victims of the crime, and the prosecution does not need to establish that each alleged conspirator actually agreed to commit the crime.[1]

Victor Sherman has helped his clients mitigate long prison terms, in some cases he has prevented his clients from serving prison time, and other times, Mr. Sherman has obtained the dismissal of all criminal charges filed against his clients.  Contact us now to schedule a free initial consultation at (424) 371-5930.

 

[1] Ocasio v. U.S., 136 Ct. 1423 (2016).

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