FEDERAL CONSPIRACY EXPLAINED
A federal conspiracy charge can arise when investigators believe that two or more people have plotted to commit a crime that is illegal under federal law. Any plan to commit an offense against the United States or any agency of the United States along with some overt act in furtherance of that plot can result in federal conspiracy charges. An agreement does not need to be in writing and generally isn’t as it would be a written agreement to commit illegal acts which could later be used against you to prove criminality. The actual goal of the criminal plot also does not need to be achieved in order to be properly charged and convicted of federal conspiracy charges. As long as there is an agreement in place and some steps towards beginning or completing the illegal goal of the agreement, then it would be legally proper for federal investigators to seek charges. A conviction for conspiracy under Section 371 of the United States Code can result in a punishment of up to five years in prison; conspiracy convictions related to drug trafficking, racketeering, and terrorist activity all carry the same punishment as the offenses they are related to. If you have any questions about federal conspiracy law as it applies to you and your situation, then it is important to speak to an experienced federal conspiracy attorney as soon as possible.
HOW WITHDRAWAL CAN BE A DEFENSE
If there is some evidence shown at trial that a defendant withdrew from the conspiracy before any overt act was committed, then it can be a defense to a federal conspiracy charge. The federal courts have recognized withdrawal as a defense, and each have specific jury instructions which guide what a jury is supposed to consider when making their decision. The pattern jury instructions from the 6th Circuit Court regarding withdrawal as a defense to conspiracy is as follows:
“(1) One of the defendants, (Defendant’s name), has raised the defense that he withdrew from the agreement before any overt act was committed. Withdrawal can be a defense to a conspiracy charge. But Defendant has the burden of proving to you that he did in fact withdraw.
(2) To prove this defense, Defendant must prove each and every one of the following things:
(A) First, that he completely withdrew from the agreement. A partial or temporary withdrawal is not enough.
(B) Second, that he took some affirmative step to renounce or defeat the purpose of the conspiracy. An affirmative step would include an act that is inconsistent with the purpose of the conspiracy and is communicated in a way that is reasonably likely to reach the other members. But some affirmative step is required. Just doing nothing, or just avoiding the other members of the group, would not be enough.
(C) Third, that he withdrew before any member of the group committed one of the overt acts described in the indictment. Once an overt act is committed, the crime of conspiracy is complete. And any withdrawal after that point is no defense to the conspiracy charge.
(3) If Defendant proves these three factors by a preponderance of the evidence, then you must find him not guilty. Preponderance of the evidence is defined as “more likely than not.” In other words, the defendant must convince you that the three factors are more likely true than not true.
(4) The fact that Defendant has raised this defense does not relieve the government of its burden of proving that there was an agreement, that he knowingly and voluntarily joined it, and that an overt act was committed. Those are still things that the government must prove in order for you to find Defendant guilty of the conspiracy charge.
Note: Some conspiracy charges do not need an overt act in order to complete the conspiracy. If you are charged with a conspiracy charge that does not require an overt act, then the withdrawal defense will likely be inapplicable.
HOW DOES THIS AFFECT ME?
If you are facing a conspiracy charge or have had any discussions with anyone related to working together towards an illegal plan, then this can affect you directly. It is not too late to change your mind relating to criminal plot if nobody has taken a meaningful step towards completion of the goal. If you have specific questions about a conspiracy charge you are facing or how the defense of withdrawal may apply to you, then call us at Bajoka Law today so we can help.
