What Qualifies as an Overt Act for Federal Conspiracy Charges?
ELEMENTS OF A CONSPIRACY CHARGE
Conspiracy charges are among the most common in the federal criminal justice system. There are four elements to a conspiracy charge. A prosecutor has to prove these four elements beyond a reasonable doubt in order to secure convictions for a federal criminal conspiracy. The four elements required for a criminal conspiracy charge are:
- an agreement between at least two parties,
- the agreement is meant to achieve an illegal goal,
- all parties alleged to be involved have to have knowledge of the conspiracy and participate in the conspiracy in some way, and
- at least one person involved in the conspiracy has to make an overt act in furtherance of the conspiracy.
Note: A conspiracy charge requires at least two people alleged to be involved. A conspiracy doesn’t exist if you are the only person involved in a criminal plot.
In order to qualify for a federal charge, the agreement alleged between the criminal parties has to be to commit any offense against the United States, or to commit fraud against the United States or any of its agencies. An agreement to do something illegal across state lines also qualifies for a federal conspiracy charge. The first three elements don’t require much more than a conversation and agreement between the parties involved. The fourth element requiring an overt act can often be the most controversial in federal conspiracy cases. Conspiracy typically requires an overt act, but there are many conspiracy charges that are charged under specific federal laws which do not require an overt act for a conviction.
HOW AN OVERT ACT IS DEFINED
An overt act is some type of action by any of the co-conspirators to further the overall goal of the conspiracy. This is what prosecutors must prove in order to show that the alleged conspiracy was more than just some discussion or a scheme that mostly existed in the co-conspirator’s minds. The overt act itself does not need to be unlawful in any way. The act only needs to be a concrete step towards carrying out the scheme, the act does not need to actually accomplish the goal of the alleged conspiracy. It is also important to note that all alleged co-conspirators are legally accountable for any overt acts by any of the parties that are reasonably foreseeable. For example, if two people have a discussion and agreement about printing counterfeit money, then one conspirator buying a printing press can qualify as an overt act of the conspiracy. The actions of one conspirator buying a printing press will place criminal liability on everyone involved in the conspiracy. A conspirator can also be held accountable for any actions that were made by others before the conspirator entered the conspiracy if they were late to the party.
HOW DOES THIS AFFECT ME?
If you have had some discussions about doing something illegal with friends, then you might be at serious risk for a federal conspiracy charge. If one of the people that were part of that discussion makes some sort of overt act to further the proposed conspiracy, then everyone involved is just as guilty as each other. Even if you don’t do anything personally that can qualify as an overt act, you can and will still be held criminally responsible. To escape possible criminal liability, then you must unequivocally withdraw from the conspiracy before any overt acts are committed by anyone involved to further the conspiracy. A conviction for a conspiracy charge can result in up to a five-year prison sentence or can be punished up to the same penalties as those who actually committed the agreed-upon crimes depending on how you are charged. Conspiracy charges are among the most favorite of federal prosecutors because you don’t have to actually commit a specific crime in order to be convicted of a conspiracy, just being a part of the conversation can be enough. If you might be facing criminal liability for conspiracy, then it is important to seek the advice of an experienced federal criminal defense attorney immediately.
