Federal prosecutors typically use conspiracy charges to target organized criminal activities, including drug trafficking, white-collar crimes and terrorism.
The key element of conspiracy charges is simply an agreement between two or more people to commit a federal crime. Because of this, it isn’t necessary for the alleged conspirators to actually have followed through on the crime.
Conspiracy charges are very serious, however, and they can result in extensive federal prison sentences. Below, we’ll break down common federal conspiracy charges and their penalties.
General Conspiracy (18 U.S.C. § 371)
Elements of the crime
- There must be an agreement between two or more persons to commit an offense against the United States or to defraud the United States. This agreement can be explicit or implicit.
- The conspirators must intend to commit the offense or defraud the United States.
- At least one of the conspirators must commit an overt act in furtherance of the conspiracy. This act does not need to be illegal by itself, but it must be a step towards achieving the goal of the conspiracy.
Penalties
- Up to five years in prison and/or fines.
- If the conspiracy involves a misdemeanor, penalties match the maximum punishment of the underlying offense.
Drug Conspiracy (21 U.S.C. § 846)
Elements of the crime
- There must be an agreement between two or more persons to violate federal drug laws, such as manufacturing, distributing or possessing with intent to distribute controlled substances.
- IThe conspirators must intend to achieve the illegal drug-related objective.
- Unlike § 371, no overt act in furtherance of the conspiracy is required to establish a drug conspiracy under this statute.
Penalties
- Same as those prescribed for the underlying drug offense, which can include lengthy prison sentences and substantial fines.
Money Laundering Conspiracy (18 U.S.C. § 1956(h))
Elements of the crime
- There must be an agreement between two or more persons to commit money laundering, which involves conducting financial transactions with proceeds from unlawful activities to conceal the source of the funds.
- The conspirators must intend to promote, conceal, or further the unlawful activity through money laundering.
- No overt act in furtherance of the conspiracy is required to establish a money laundering conspiracy.
Penalties
- Up to 20 years in prison and/or fines, including the potential for severe financial penalties.
Conspiracy to Provide Material Support to Terrorists (18 U.S.C. § 2339B)
Elements of the crime
- There must be an agreement between two or more persons to provide material support or resources to a designated foreign terrorist organization.
- The conspirators must know that the organization is a designated terrorist organization or that the organization has engaged or engages in terrorist activity or terrorism.
- The conspirators must intend to provide material support or resources, knowing that such support will be used to further terrorist activities.
Penalties
- Up to 20 years in prison, or life imprisonment if the support results in death.
- Significant fines and forfeiture of assets.
Defenses against federal conspiracy charges
Defending against federal conspiracy charges can be challenging, because these laws are so broad.
However, there are several viable strategies that you can use. One common defense is the lack of intent or agreement, which requires proving that you did not knowingly enter into an agreement to commit a crime.
This might involve demonstrating that you were unaware of the criminal nature of the activity or that you were coerced into participation.
Another potential defense is the absence of an overt act in furtherance of the conspiracy, which can invalidate the prosecution’s claims if no concrete steps were taken to advance the alleged criminal plan.
Lastly, it’s crucial to scrutinize the evidence presented by the prosecution. Witness credibility can be challenged, and any inconsistencies or lack of concrete proof can weaken the case against you.
Remember, being charged does not equate to guilt, and with the right legal representation, it’s possible to highlight these weaknesses and present a strong defense.
If you or someone you know has been charged with federal conspiracy, the Helfend Law Group is here to help. With more than 40 years experience representing defendants in federal court, attorney Robert M. Helfend has the experience and expertise for your case. Call today – 800-834-6434.
Published August 8, 2024.