Conspiracy to Commit an Offense Against the United States — Basic Elements is a type of criminal offense in which two or more people agree to commit an unlawful act against the United States. This type of offense is outlined in 18 U.S.C. § 371 and is considered a federal offense. In order for a person to be found guilty of Conspiracy to Commit an Offense Against the United States — Basic Elements, the prosecution must prove that: 1. There was an agreement between two or more people to commit an unlawful act; 2. Each of the conspirators had the intent to commit the unlawful act; 3. The conspirators took some action in furtherance of the conspiracy; and 4. The conspirators intended to commit an offense against the United States. If all of these elements are proven, the person or persons charged with Conspiracy to Commit an Offense Against the United States — Basic Elements could be found guilty and sentenced to up to five years in prison. Other related offenses to Conspiracy to Commit an Offense Against the United States — Basic Elements are Conspiracy to Defraud the United States, Conspiracy to Steal or Embezzle Public Money, and Conspiracy to Commit Bank Fraud.
Conspiracy to Commit an Offense Against the United States - Basic Elements
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FAQ
Conspiracy is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. Most U.S. jurisdictions also require an overt act toward furthering the agreement.
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest.
Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
To convict you of criminal conspiracy, prosecutors must demonstrate that: you knowingly agreed to participate or assist in the planned crime; and. someone who was part of the agreement took some action toward carrying out the crime, known as an ?overt act.?
You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5. Commit some overt act in furtherance of the agreement.
Elements of a Conspiracy 1 Two or more people agreed to commit a crime. 2 All conspirators had the specific intent to commit the crime. 3 At least one of the conspirators committed an overt act (most states)
The first requirement is the men's rea requirement which actually has two prongs. The first prong is that the defendant must have actually intended to agree to commit a crime. The second prong is that the defendant must have intended to accomplish the objective of the conspiracy when he entered into the agreement.