Defending Federal Conspiracy Charges
Understanding Federal Conspiracy Charges
Federal conspiracy charges are among the most serious criminal allegations one can face. A conviction can lead to lengthy prison sentences and hefty fines, not to mention the lifelong consequences of having a felony record.12 If you or a loved one has been charged with conspiracy, it’s crucial to understand the key elements of the offense and how an experienced defense lawyer can help protect your rights and freedom.
What Constitutes a Federal Conspiracy?
Under 18 U.S.C. § 371, the primary federal conspiracy statute, a person commits conspiracy when:
- Two or more individuals agree to commit a federal crime or defraud the United States.34
- At least one member of the conspiracy takes an overt act to further the criminal objective.13
The mere agreement alone is enough to violate the law, even if the planned crime was never actually carried out.3 Prosecutors frequently use conspiracy charges to target criminal enterprises and organizations by implicating multiple individuals in the alleged scheme.
Common Types of Federal Conspiracy Cases
Federal conspiracy charges can arise in virtually any type of criminal case involving multiple defendants, including:
- Drug trafficking conspiracies (21 U.S.C. § 846)4
- Fraud conspiracies (e.g. wire fraud, mail fraud, healthcare fraud)
- Racketeering/RICO conspiracies
- Terrorism conspiracies
- Tax fraud conspiracies
- Money laundering conspiracies
Prosecutors often “work up the ladder” by charging lower-level offenders with conspiracy in hopes they will cooperate and provide evidence against higher-ranking members of the organization.4
Potential Penalties for Conspiracy
The penalties for a federal conspiracy conviction depend on the underlying crime. For example:
- Conspiracies that involve drug crimes can result in sentences of 10 years to life in prison, depending on the drug type and quantity.4
- Conspiracies to commit fraud or other white-collar offenses are punishable by up to 5-20 years in prison, plus fines.1
- Conspiracies related to terrorism or racketeering can lead to 20 years to life sentences.4
In addition, the U.S. Sentencing Guidelines typically increase penalties for conspiracy convictions versus the underlying offense alone.2 Defendants may also face asset forfeiture and other financial penalties.
Defending Against Conspiracy Allegations
Fortunately, an experienced federal criminal defense lawyer can employ various strategies to fight conspiracy charges, including:
Challenging the Evidence
- Lack of an actual agreement between the alleged co-conspirators
- Insufficient evidence of an overt act in furtherance of the conspiracy
- Improper use of co-conspirator statements or hearsay evidence2
Constitutional Violations
- Illegal searches, seizures, or surveillance
- Deprivation of the right to counsel or due process3
Sentencing Advocacy
- Arguing for reduced culpability or minor role in the conspiracy
- Departure from harsh mandatory minimum sentences
The key is to work with a federal defense lawyer who has extensive experience handling complex conspiracy cases in federal court. With the right legal strategy, it may be possible to get charges reduced or dismissed entirely.
Taking Swift Action is Critical
If you are under investigation or have been charged with federal conspiracy, the time to act is now. An indictment alone can have devastating personal and professional consequences.13 Do not make the mistake of waiting to hire an attorney or trying to navigate the criminal justice system alone.