Q: I’ve been charged with federal conspiracy. I didn’t actually commit the crime they’re talking about. How can I be charged?
A: Federal conspiracy charges under 18 U.S.C. § 371 or drug conspiracy charges under 21 U.S.C. § 846 are among the most powerful tools in the federal prosecutor’s arsenal. You can be convicted of conspiracy even if you never committed the underlying crime yourself.
What the Government Must Prove
To convict you of conspiracy, the government must prove that an agreement existed between two or more people to commit a federal crime, that you knowingly and voluntarily joined that agreement, and that at least one member of the conspiracy committed an overt act in furtherance of the agreement (not required for drug conspiracy).
Why Conspiracy Is So Dangerous
Conspiracy charges allow the government to hold you responsible for the acts of your co-conspirators, even acts you did not know about. Under Pinkerton liability, you can be convicted for any crime committed by a co-conspirator that was reasonably foreseeable and in furtherance of the conspiracy. In drug cases, this means you can be sentenced based on the total drug quantity attributable to the entire conspiracy, not just what you personally handled.
Common Federal Conspiracies in North Carolina
Drug trafficking conspiracies are the most common federal conspiracy cases in the Eastern District of North Carolina. Wire fraud and bank fraud conspiracies are also frequently prosecuted. RICO conspiracy charges, while less common, carry extremely serious penalties.
Defense Strategies
Effective conspiracy defense focuses on challenging whether a true agreement existed, limiting the scope of your involvement, severing your case from co-defendants, and contesting the drug quantity or loss amount attributed to you.
Related Practice Areas
Federal Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.