Conspiracy to commit an offense (18 U.S.C. 371) is a federal offense that involves two or more people agreeing to commit a crime, and taking an action in furtherance of that agreement. This offense is typically charged when a person or group of people plan to commit a federal crime, such as fraud or drug trafficking. The basic elements of a conspiracy to commit an offense (18 U.S.C. 371) are: 1. An agreement: The defendant must have agreed with another person to commit a crime. 2. An overt act: The defendant must have taken some action in furtherance of the agreement. 3. Specific intent: The defendant must have intended to commit the crime. 4. Knowledge of the criminal nature of the agreement: The defendant must have been aware that the agreement made was to commit a crime. 5. Completion of the crime: The crime must have been completed successfully. Different types of conspiracy include: • Conspiracy to commit fraud • Conspiracy to commit murder • Conspiracy to commit drug trafficking • Conspiracy to commit money laundering • Conspiracy to commit tax evasion • Conspiracy to commiterrorisssssssssssm.sm
CONSPIRACY TO COMMIT AN OFFENSE (18 U.S.C. ' 371) B BASIC ELEMENTS
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FAQ
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "if two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose.
Under 18 U.S.C. 371, a conviction of conspiracy can result in a maximum of 5 years in prison per count and fines up to $250,000, regardless of whether the plot succeeded. The penalty for conviction under 18 U.S.C. 1349 could be significantly less or more, depending on the underlying crime you're charged with.
Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.
Properly set forth the essential elements of conspiracy, which are: (1) a mutual agreement or understanding, (2) knowingly entered by the defendant, with (3) an intent to jointly commit a crime.
To "convict someone under the 'defraud clause' of 18 U.S.C. § 371, the government need only show (1) he entered into an agreement (2) to obstruct a lawful function of the government (3) by deceitful or dishonest means and (4) at least one overt act in furtherance of the conspiracy." Id.; United States v.
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)
As a felony, violation of 18 U.S.C. § 371 carries a fine or imprisonment for up to five years. However, if the offense which is the subject of the conspiracy is charged as a misdemeanor, the punishment for the conspiracy cannot exceed the maximum punishment for the misdemeanor.
To "convict someone under the 'defraud clause' of 18 U.S.C. § 371, the government need only show (1) he entered into an agreement (2) to obstruct a lawful function of the government (3) by deceitful or dishonest means and (4) at least one overt act in furtherance of the conspiracy." Id.; United States v.