Why Are Federal Conspiracy Charges So Common?
THE GOVERNMENT’S APPROACH TOWARDS CONSPIRACY
Federal conspiracy charges are easily among the favorites for federal prosecutors to charge. You may wonder why federal prosecutors often turn to federal conspiracy charges in pursuing cases. Federal law prohibits conspiracies against the United States, and conspiracies to defraud the United States or any of its agencies for any purpose. This makes a conspiracy charge much easier to charge because of how many different types of conspiracies can fit this definition. You also don’t even have to commit an actual crime in order to be convicted for federal conspiracy. All a prosecutor has to prove in many instances is that there was some agreement between two people to commit a crime, and that someone took an additional step in furtherance of the crime. This agreement can be implied and doesn’t have to be in writing or expressed in any way. This lack of necessity to prove actual criminal activity makes it much easier for prosecutors to pursue federal conspiracy charges. It is also used as a tool by federal prosecutors to try to force co-conspirators against one another by bullying them with conspiracy charges. The pursuit of conspiracy charges rests on the idea that that many united to commit a crime pose a much greater danger to society than a criminal acting alone. The laws and statutes that define conspiracy show the government’s intention to severely punish even the mere agreement between two or more parties to commit certain crimes. A conspiracy also usually lasts longer than a single crime; a conspiracy can last many years, giving the government more time and opportunity to catch on to the illegal activity being carried out.
STATUTE OF LIMITATIONS
Federal crimes typically have a general statute of limitations that is a period of five years. What that means is that any federal prosecution has to start within five years from the end of the crime. Federal conspiracy charges share the same five-year statute of limitations as many other federal crimes. The statute of limitations for federal conspiracy starts from when last overt act committed in furtherance of the conspiracy happened. If a conspiracy statute does not require an overt act, then the statute of limitations starts from when a conspiracy accomplishes its objective, when someone withdraws from the scheme, or when the scheme is abandoned altogether. The burden of proof in regard to withdrawal or abandonment is on the defendant to prove when and how the withdrawal or abandonment happened.
HOW DOES THIS AFFECT ME?
Quite simply, if you have been involved in an illegal conspiracy within the last five years, you are at risk to be prosecuted federally. This five-year clock can run much longer than five years as detailed above. As a conspiracy continues, it typically becomes more and more difficult to hide. The more people that are involved in a conspiracy can make it more complicated to keep the conspiracy itself quiet. This inability to keep conspiracies confidential is what federal prosecutors thrive on. Federal investigators and prosecutors will routinely offer deals to one alleged co-conspirator in an effort to take down the entire enterprise. Federal conspiracy charges are commonly a prosecutor’s only way to open the doors to criminal activity they would otherwise be unable to prosecute. Federal conspiracy charges are some of the easiest charges for prosecutors to pursue. If you might be facing criminal liability for conspiracy, it is important to seek the advice of an experienced federal criminal defense attorney immediately.
