CONSPIRACY CRIMES
A conspiracy is an agreement, whether express or implied, by 2 or more people, to commit a crime. It is a separate charge from the charge that alleges the criminal act. From the defense perspective, conspiracy is a very troublesome charge in that one can be punished based not only on his own wrongful acts, but also the wrongful acts of a fellow co-conspirator, even if he doesn’t know and hasn’t even spoken with the co-conspirator.
There are generally 3 types of conspiracy charges that the government can allege:
1) 18 U.S.C. § 371- This is a conspiracy charge alleging a violation of any federal crime. The punishment is up to 5 years in federal prison.
2) 18 U.S.C. § 1956(h)- This is a conspiracy charge alleging a violation of federal money laundering charges. The punishment can be up to 10 years, or 20 years, depending on the underlying money laundering charge. The most frequently charged federal money laundering stature carries punishment up to 20 years in federal prison.
3) 21 U.S.C. § 846- This is a conspiracy charge alleging violations of a federal drug statute. The punishment can be up to 40 years, or up to life, depending on the underlying drug charge. The most frequently charged federal drug statute carries punishment with a mandatory minimum of 10 years up to life in federal prison.
Our firm has defended hundreds of federal conspiracy cases.
For additional information please contact us.