CONSPIRACY AND AIDING AND ABETTING AS SEPARATE OFFENSES

The crimes of conspiracy and aiding and abetting can be easily confused as they refer to similar conduct. In both crimes, there are multiple criminal actors involved and they are all working towards achieving some sort of goal that is illegal. Explanations for both types of offenses are outlined here as follows:

Conspiracy: A conspiracy is simply an agreement between two or more people to commit a crime. Once a general agreement is in place between those involved, and some overt act to further the goals of the agreement is made by any party involved, the crime of conspiracy is completed without the need to actually commit the crime itself. All co-conspirators can be held criminally responsible for the crimes committed by others participating in the scheme under the Pinkerton doctrine. Under Pinkerton (a Supreme Court case), everyone that is involved as a co-conspirator can be held responsible for any reasonably foreseeable overt acts committed to further the goals of the conspiracy.

Aiding and abetting: The federal aiding and abetting statute can be found at 18 U.S.C. § 2. Aiding and abetting is when someone helps someone else in the commission of their crime. The crime requires the accused to embrace the other person’s crime and purposely do something to help complete the crime. If the accused is guilty of aiding and abetting, he or she can be punished the same as the principal actor.



The major difference between these charges boils down to a timing issue. If you are accused of being involved in a criminal scheme from its inception, then you are likely facing a conspiracy charge. If you join in and embrace criminal activity of another while helping them attempt to complete the criminal goals while the offense is being committed, then you are likely facing an aiding and abetting charge. If you have specific questions about your case, then it is important that you speak to an experienced federal conspiracy attorney as soon as possible.

FEDERAL EXCEPTIONS TO AIDING AND ABETTING

There are three main groups of people who may escape liability from involvement in the criminal activity as an aider and abettor, they are:

• Victims: a person is considered a victim when they pay extortion, blackmail, or ransom monies. These are people who are generally forced into the criminal activity alleged against their will.
• Customers: A person is considered a customer if they are a bettor, john, or drug addict. Someone who is purchasing something out of the illegal scheme such as drugs or illegally betting with a bookie can be considered a customer to avoid liability.
• Subordinates: A person is considered a subordinate if they follow orders from someone higher up in the criminal scheme. Under Gebardi (a Supreme Court case), the Court held that a woman who agreed to be transported across state lines for an immoral purpose could not be held criminally responsible for violating the Mann Act. The Mann Act makes it illegal to transport a woman across state lines for an immoral purpose.

If you are facing a charge of aiding and abetting, being classified as a victim, customer, or subordinate can help you potentially avoid criminal liability.

HOW DOES THIS AFFECT ME?

If you are facing a conspiracy charge or are being accused of aiding and abetting a conspiracy, then this can affect you directly. The timing of any alleged discussions or activity can be essential towards building a proper defense. Withdrawal can be a defense to a conspiracy charge if certain factors are satisfied. Are you a victim, customer, or subordinate of a criminal scheme? The answer to this question can also formulate a defense to criminal charges. If you have specific questions about a conspiracy charge, then call us at Bajoka Law today so we can help.

FREE AND CONFIDENTIAL CONSULTATION

At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that federal cases alleging conspiracy or aiding and abetting require the proper discretion, and we will treat your situation with the discretion it deserves. It’s time you took control back. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online here. We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.