FEDERAL CONSPIRACY

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Federal Criminal Charges Alleging a “Crime of Violence” ORIGINAL CASE DETAILS In 2003, Justin Taylor was a marijuana dealer, and with a co-conspirator, set up a drug deal where they planned to rob Taylor’s customer, another marijuana dealer named Martin Sylvester. During the attempted robbery, Sylvester suffered a fatal gunshot wound when a semiautomatic pistol discharged that was brought by Taylor’s co-conspirator. Taylor and his co-conspirator then fled the scene, never taking any of Sylvester’s money. Taylor was then charged with seven federal felonies that included Conspiracy to commit a Hobbs Act robbery Attempted Hobbs Act robbery Using a firearm in furtherance of a crime of violence Taylor later pled guilty to conspiracy to commit a Hobbs Act robbery and the use of a firearm in furtherance of a crime of violence. He was sentenced by the court to 240 months for the conspiracy conviction and 120 months consecutively (to run after the 240 months are completed) for using a firearm in furtherance of a crime of violence. Taylor’s total sentence for both charges equaled 360 months. Taylor later appealed on the basis that the case of Johnson v. United States substantially narrowed the definition of what a “violent felony” is under federal law and that a collateral review of his case was necessary. Taylor contended that under Johnson, the crimes of an attempted Hobbs Act robbery and conspiracy to commit a Hobbs Act robbery should no longer be considered crimes of violence and that his convictions should be vacated. His appeal has made its way to the United States Supreme Court. Oral argume nts took place before the court in early December. THE LAWS THAT ARE AFFECTED BY THIS CASE This case affects two different federal statutes simultaneously, the Hobbs Act (18 USC § 1951), and 18 USC § 924(c). These statutes are described as follows: Hobbs Act – This federal statute makes prohibits committing or attempting to commit a robbery that affects interstate commerce in some way. Robbery is defined under the Hobbs Act as an unlawful taking “by means of actual or threatened force.” 18 USC § 924(c) – prohibits the use of a firearm during the commission of a “crime of violence.” Under the “elements clause” of this statute, a crime of violence is defined as any felony that “has an element of the use, attempted use, or threatened use of physical force against a person or property of another.” Under the “residual clause” of this statute, a crime of violence is also any felony that by nature includes a “substantial risk” of physical force. This definition in the residual portion of the statute was str uck dow n by the US Supreme Court in 2019 as unconstitutionally vague, leaving only the elements clause to define what a crime of violence is. Here, the Court will determine whether an attempted robbery under the Hobbs Act is considered a “crime of violence” under 18 USC § 924(c). There is no dispute whether a completed robbery under the Hobbs Act is considered a crime of violence, as a robbery under the Hobbs Act, in itself, requires the use of actual or threatened force. The Court will determine how narrowly to interpret the definitions of the federal statute. HOW DOES THIS AFFECT ME? If you are facing a federal criminal charge where you are alleged to have committed a “crime of violence,” then this can affect you directly. The definition and interpretation of what an attempt is can be argued and defended in several ways. If the Supreme Court sides with Taylor , it means that courts will have to interpret cases more narrowly to determine if they meet the definition of a “crime of violence” under the residual clause of 18 USC § 924(c). If the Court sides with the Government, then cases can be interpreted more broadly to be considered crimes of violence which can lead to harsher punishments handed down by federal judges across the country. If you have specific legal questions about the Hobbs Act or what a crime of violence is, then call us at Bajoka Law today so we can help!

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 experi enced 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.