Conspiracy is called the “prosecutors darling” because it is easier to prove than almost any other crime.  The essence of a conspiracy is an agreement to achieve an unlawful objective.

A conspiracy may be charged where two or more people agree to commit any offense against the Untied States, or to defraud the Untied States and at least one person does some act in furtherance of the conspiracy. Conspiracy is addressed by Title 18 of the United States Code. Penalties for federal conspiracy generally include up to five years under 18 USC 371.  However, there are exceptions, like drug cases, where the potential penalty is the same as the drug offense.

Under 18 USC 371, the government must prove the existence of an agreement to achieve an unlawful objective, the defendant’s knowing and voluntary participation in the conspiracy and the commission of an overt act in furtherance of the conspiracy.

Conspiracy was charged in the 1970′s Watergate cases. Also, Martha Stewart was convicted of conspiracy to lie about stock transactions. However, Martha was not charged with insider trading. The Miami defendants in the alleged terrorist plot to blow up the Sears building and a Federal Building were charged with four counts of conspiracy. Conspiracy is one of the most commonly filed charges in terrorism cases. Michael Vick was sentenced to 23 months in federal prison and three years’ probation for his role in a dog fighting conspiracy.  Now he is back playing football again.

If conspiracy is charged in relation to a drug case, no act in furtherance of the conspiracy is required. So, with drug conspiracies, the government has the burden of proving only an agreement. Also, conspiracy for drug charges is punishable by the same amount of prison time as the substantive offense.

Agencies like the FBI, DEA or another federal agency, may prosecute conspiracies. The particular agency which prosecutes is determined by the type of conspiracy involved. Because of the serious nature of the crime of conspiracy, as well as the types of penalties one convicted of conspiracy may face, it is important to hire an experienced federal criminal defense lawyer, preferably one who is board certified in criminal trial law.

Just hanging out with co-conspirators is not enough to convict. However, the jury can consider that evidence and weigh it along with other evidence.

The judge must instruct the jury that a government informant cannot be a co-conspirator.