Skilled Defense Against Conspiracy Charges
The law of conspiracy is complicated. It is also a powerful tool for the prosecutor. It punishes an agreement by two or more persons to commit an unlawful act, provided that one of the people involved in the agreement does something overt (an “overt act”) in furtherance of the agreement. Stated slightly differently, Title 18, Section 371 of the United States Code, along with other federal statutes, makes it a separate federal crime or offense for anyone to conspire or agree with someone else to do something which, if actually carried out, would amount to another federal crime or offense. Under this law, a ‘conspiracy’ is an agreement or a kind of ‘partnership’ in criminal purposes in which each member becomes the agent or partner of every other member.
At the Law Office of John Freeman, we can help you fight or otherwise resolve charges related to conspiracy and other white-collar offenses utilizing our attorney’s more than 25 years of experience. We serve clients in the Detroit Metro area and throughout Southeast Michigan.
A Basic Overview Of Conspiracy Charges
To establish a conspiracy the government does not have to prove that all of the people named in the indictment were members of the scheme; or that those who were members had entered into any formal type of agreement; or that the members had planned together all of the details of the scheme. Also, because the essence of a conspiracy is the making of the agreement itself (followed by the commission of any overt act), it is not necessary for the Government to prove that the conspirators actually succeeded in accomplishing their unlawful plan.
So what then does the government have to prove in order to send someone to prison for a conspiracy? Generally speaking, the government must prove the following beyond a reasonable doubt:
- That two or more persons, in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan, as charged in the indictment;
- That the person willfully became a member of such conspiracy;
- That one of the conspirators during the existence of the conspiracy knowingly committed at least one ‘overt act’; and
- That such ‘overt act’ was knowingly committed in an effort to carry out or accomplish some object of the conspiracy.
An ‘overt act’ is any transaction or event, even one which may be entirely innocent when considered alone, but which is knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy.
What If Alleged Participation Was Minor Or Unintentional?
A person may become a member of a conspiracy without knowing all of the details of the unlawful scheme, and without knowing who all of the other members are. So, if a person has an understanding of the unlawful nature of a plan and knowingly and willfully joins in that plan on one occasion, that is sufficient to convict him for conspiracy even though he did not participate before, and even though he played only a minor part.
Mere presence at the scene of a transaction or event, or the mere fact that certain persons may have associated with each other, and may have assembled together and discussed common aims and interests, may not necessarily establish proof of a conspiracy. Also, a person who has no knowledge of a conspiracy, but who happens to act in a way which advances some purpose of one, does not thereby become a conspirator.
Sentencing Guidelines For A Conspiracy Conviction
In Michigan, sentencing for a conspiracy conviction is determined, in part, by the sentence associated with whatever crime the person was conspiring to commit. If your attempted alleged crime called for a sentence of more than a year in jail or prison, you could face the sentence prescribed for that crime plus a fine of up to $10,000. If your attempted alleged crime would have resulted in a sentence of less than one year of imprisonment, however, the court must limit your sentence to no more than a year and no more than a $1,000 fine.
There is an exception to the above rules for conspiracy to commit crimes related to illegal gambling or wagering. In these cases, a convicted person can serve a state prison sentence of no more than five years and be assessed a fine of no more than $10,000. The same sentencing limitations would apply if you were convicted of conspiracy to commit and act that was legal but were attempting to use illegal means to achieve it.
Potential Defenses to Conspiracy Charges
Defending against conspiracy charges can be complex. Prosecutors don’t always need to prove that the alleged crime actually occurred. Instead, they focus on whether there was an agreement to commit a crime and whether anyone in the group took a step toward completing it.
If you’re facing conspiracy allegations, the government must prove more than suspicion or association. Some defenses focus on the facts, like proving no agreement existed. Others challenge how the government obtained its evidence. The best defense will depend on your role, your actions, and how strong the prosecution’s case is. Some of the most common defenses to conspiracy charges include:
- Lack of Agreement
A conspiracy requires an agreement between two or more people to commit a crime. Prosecutors often have to rely on circumstantial evidence to suggest an agreement, like text messages, phone calls, or financial records. However, conversations can be misinterpreted, and a mere association doesn’t meet the legal definition. Your lawyer may attack the government’s case and create reasonable doubt that you ever agreed to join in an illegal plan.
- No Overt Act
The government must show that at least one alleged conspirator committed an overt act “in furtherance” of the conspiracy—in other words, you or a conspirator did one thing to move the scheme along. This act doesn’t need to be criminal itself. It can be something as small as making a phone call.
If the government can’t prove that an overt act occurred, then a key element of the charge is missing. Michigan conspiracy law doesn’t always require proof of an overt act. Your lawyer can still challenge whether any alleged act actually advanced the conspiracy.
- Withdrawal from the Conspiracy
Withdrawal can be a valid defense if you took clear steps to distance yourself from the conspiracy. That is, you may have been involved in discussions or early planning but later chose to back out. This could mean anything from cutting off communication to alerting the authorities.
Proving withdrawal is not always simple, but it can protect you from being held responsible for crimes committed after you left.
- Lack of Knowledge or Intent
Prosecutors must prove that you knowingly and willfully joined the conspiracy. If you didn’t understand what was being discussed or if you believed you were engaging in legal activity, they may not be able to prove intent. For example, in complex white-collar cases, business transactions are often misinterpreted as illegal agreements. Your defense could include showing that you lacked criminal intent.
- Entrapment
If government agents or informants pushed you into doing something that you would not otherwise have done, you may have an entrapment defense. This defense requires showing that the idea originated with the government, not with you.
- Insufficient Evidence
Prosecutors must prove each element of the case beyond a reasonable doubt. If the government can’t present convincing proof for each part of the crime, the case may not hold up in court.
Conspiracy cases rely heavily on documents, recordings, and testimony from cooperating witnesses. These sources can be unreliable or open to interpretation, especially when informants are involved—they have a vested interest in placing blame elsewhere. Your defense strategy could involve challenging their credibility or highlighting gaps and inconsistencies in the prosecution’s evidence.
- Constitutional Violations
Prosecutors and investigative agencies are bound by the Constitution. Conspiracy investigations often involve surveillance, wiretaps, or searching electronic devices. If law enforcement violated your Fourth Amendment rights while gathering evidence, that evidence can sometimes be suppressed. Without it, the government’s case may fall apart. Other common Constitutional violations include violating your right to avoid self-incrimination and your right to counsel. Each violation can weaken the government’s case against you.
Discuss Your Charges With An Experienced Attorney
To defend against a conspiracy charge, you need an experienced criminal defense attorney. For a free consultation with the Law Office of John Freeman, contact us online or call 248-250-9950.