Federal Conspiracy

If you are being investigated or charged for a federal offense where federal jurisdiction applies, it is imperative that you seek legal representation. Federal conspiracy charges are used to prosecute more than one individual for any type of illegal offense. Conspiracy is when two or more people are working together in violations of the law. It is a broad term, and any persons can face allegations of whether or not the criminal activity was committed.

It is crucial to obtain an experienced criminal defense attorney when facing federal criminal allegations. The prosecution does not need to prove that the defendant committed the crime to convict, but simply that the defendants were planning together to eventually commit criminal activity. Retaining a skilled, knowledgeable, and aggressive criminal defense attorney in the earliest stages of your case can help you achieve a favorable outcome.

Federal Conspiracy Defense Lawyer in Pensacola, FL

The first step in making sure that you have a strong defense is always retaining adequate legal representation. John Terrezza has years of criminal defense experience and fully understand federal offenses. He will use every possible resource to try to get a favorable outcome for your case. He understands that the court system can be overwhelming and wants to walk you through every step of this process. Do not make any kind of statement to investigators or authorities without legal representation.

Attorney John Terrezza is aggressive in the courtroom and compassionate with clients. Contact criminal defense attorney, John Terrezza of [firm] to schedule a confidential consultation by submitting an online contact form or calling [phone]. [firm] accepts clients throughout Escambia County and Santa Rosa County including cities such as Navarre, Gulf Breeze, Milton, and Pensacola.

Federal Conspiracy Information Center

Elements of Federal Conspiracy Charges

Per Federal Statutes 18 U.S.C. §371, the essence of conspiracy is when there is an agreement between two individuals or more persons to engage in a criminal offense. There are various federal conspiracy statutes. However, 18 U.S.C. §371 outlaws the offense of conspiring to commit other federal offenses. The elements to be charged with conspiring a crime are:

Illegal agreement – An agreement to commit the unlawful activity
Criminal Intent – The defendant having knowledge of the agreement and voluntarily participates in it
Evidence of an overt act

Two or More Persons

The term two or more persons indicate that conspiracies cannot happen as a one-man activity but requires at least two persons for it to constitute as a conspiracy (See Roger v. United States 340 U.S. 367).

Agreement

The offense of conspiracy requires an agreement between two or more persons to commit an unlawful act. The prosecutor does not have to prove the details of the scheme, but only that the defendant or conspirators agreed to the plan’s illegal activity. Moreover, the agreement can be proven by either direct or circumstantial evidence.

Known Participation

The prosecution has to prove that the defendant had some knowledge of the agreement and voluntarily furthers the efforts of the conspiracy. The defendant does not need to know all the details of the conspiracy to be charged.

Overt Act

Under Federal Statutes 18 U.S.C. §371, an overt act is an action or statement done by one or more conspirators to help further the conspiracy. The action or statement does not have to be in violation of the laws or a criminal offense. For example, a co-conspirator could be traveling or making a phone call.

Defenses Against Federal Conspiracy

Defending against federal conspiracy charges requires that you understand federal laws, criminal procedures, and all its implications. Federal law can be extremely complex because of how broad it is. Additionally, federal and state laws are different from one another, so it is imperative to acquire a knowledgeable attorney.

Below are a few defenses that can be used against a federal conspiracy charge:

Lack of Intent – The prosecution has to prove that the defendant actually entered into an agreement.

Statute of Limitations – There are statutes of limitations for federal cases, in most cases unless stated otherwise, the limitation is five (5) years. For instance, the statute of limitation for mail and wire fraud schemes that affect a financial institution is ten (10) years. Although the statutes of limitations begins when the crime is completed, in conspiracy cases, it begins when the conspiracy ended.

Withdrawal from the Conspiracy – If the defendant removes themselves from the criminal conspiracy. This can be done through an affirmative action demonstrating that you have made a firm decision to withdraw yourself from the conspiracy.

It’s crucial to have an experienced criminal defense attorney because federal agencies have the resources for complicated investigations. At times, an investigation may happen before authorities place the defendant under arrest or before the prosecutor charges the defendant. Once the case starts, prosecutors are able to use statements from co-conspirators against you, as long as the statements were made during the time and to further the goals of the conspiracy. Therefore, it is vital to acquire an attorney if you suspect you are under investigation. Having an attorney by your side, representing your best interest can make a difference.

Conspiracy Statutes

Below is a list of some topic-focused federal conspiracy statutes:

Firearm Conspiracy Statute (18 U.S.C. §924(o)) – “A person who conspires to commit offense under subsection (c) shall be imprisoned for not more than 20 years, fined under this title, or both; and if the firearm is a machine gun or a destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.”

Conspiracy to Distribute and/or Import Controlled Substance (21 U.S.C. §841; 952) The Attempt and Conspiracy section of Title 21 is used in to prosecute drug trafficking cases. There are four elements to prove the defendant is committing a conspiracy to distribute a controlled substance.

Conspiracy and Internet Technology: Online Child Exploitation (18 U.S.C. §2252A(g)) “A person engages in a child exploitation enterprise for the purposes of this section if the person violates section 1591, section 1201 if the victim is a minor, or chapter 109A (involving a minor victim), 110 (except for section 2257 and 2257A), or 117 (involving a minor victim), as a part of a series of felony violations constituting three or more separate incidents and involving more than one victim, and commits those offenses in concert with three or more other persons.” The Child Exploitation Enterprise statute facilitates the prosecution of a group of offenders that engage in child exploitation.

Conspiracy to commit a Federal Health Care Offense (18 U.S.C. §24) – A “Federal Health Care offense” is a violation of, or a criminal conspiracy to violate section 18 U.S.C. §§ 669, 1035, 1347, or 1518; and 18 U.S.C. §§ 287, 371, 664, 666, 1001, 1027, 1341, 1343, or 1954 if the violation or conspiracy relates to a health care benefit program.”

Additional Resources

Congressional Research Service (CRS) | Federal Conspiracy Law – Follow the link to the “Federal Conspiracy: A Brief Overview” report published by the CRS. The document defines the essence of conspiracy as “an agreement of two or more persons to engage in some form of prohibited conduct.” Moreover, the document includes related offenses that can be charged under a federal conspiracy.

Conspiracy to Defraud the United States – Visit the link to view the federal law associated with federal conspiracy. The conspiracy statute 18 U.S.C. §371, details definitions, penalties, etc.

Prosecuting Criminal Conspiracies – The document Prosecuting Criminal Conspiracies various federal conspiracy offenses such as Drugs and Internet Technology conspiracies. The document details the background, charging the conspiracy, proving the conspiracy to defraud, and much more. Read the document to learn about types of federal conspiracies, conspiracy case studies, and much more.

National Association of Criminal Defense Lawyers (NACDL) – United States Federal Statutes 18 U.S.C. §371, is very inclusive and it is used for offenses of and related to conspiracies to commit an unlawful offense against the United States. The NACDL is striving to reform in the area of conspiracy law.

United States Sentencing Commission Guideline Manual – Follow the link to view the most recent sentencing Guideline Manual. The manual is used as a tool to help in the understanding of applying federal sentencing, additionally, it includes information about sentencing procedures, violations of probation, determining a sentence of imprisonment, and the sentencing options. The website of the United States Sentencing Commission provides information on case law resources, data on federal crime and sentencing practices to determine sentencing issues, and much more.

Escambia County Criminal Defense Attorney for Federal Conspiracy

Whether you are facing charges, under investigation, or were questioned by authorities it is vital to have legal representation. When facing federal charges, it is imperative to have a knowledgeable attorney by your side. The federal system can be complex, and it can be an overwhelming and terrifying experience to be facing federal conspiracy charges.

John Terrezza of [firm] understands that criminal allegations should not be taken lightly and the impacts a criminal record can have on your future. Do not be idle when it comes to your future. [firm] defends clients throughout the greater Escambia County and Santa Rosa County including Pensacola, Milton, Navarre, and Gulf Breeze. Call [phone] to schedule a free initial consultation with an adequate and highly qualified federal conspiracy defense attorney.