Overland Park Federal Conspiracy Defense Lawyer

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If you have been charged with conspiracy, we can review the allegations against you, evaluate the strengths and weaknesses of the prosecution’s case, and develop a strategy that can help you avoid or minimize some of the harshest legal penalties. Find out why clients in Overland Park trust the federal conspiracy defense attorneys of Joseph, Hollander & Craft.

What Is the Crime of Conspiracy?

Conspiracies are usually discussed in terms of the underlying, or target, offense (e.g., conspiracy to distribute a controlled substance, conspiracy to commit health care fraud), but conspiracy is its own distinct offense. To convict a person of conspiracy, the government must be able to show:

• An agreement between at least two people;
• An illegal objective; and
• Commission of an overt act in furtherance of the conspiracy by at least one party to the conspiracy

While the essence of a criminal conspiracy is an agreement to commit a crime, the existence of such an agreement alone is enough to prove conspiracy. Because the law does not punish thoughts alone, some overt action in furtherance of the agreement must also be shown. Described another way, prosecutors should be able to show that two or more individuals not only came up with the idea to commit the crime but actually put in concrete effort to commit it. For instance, if two or more defendants not only devised a fraudulent scheme but purchased the equipment to carry it out, they may be charged with conspiracy.

A conspiracy may be established through circumstantial evidence–mainign the prosecution does not have to present direct evidence (such as an audio recording or written document) that defendant agreed to commit the crime. A jury will be permitted to infer the existence of an agreement from indirect evidence.

Conspiracy may be the only charge in a criminal case–particularly if no substantive criminal activity ever occurred. Or conspiracy may be one of many charges, as one can be charged with the substantive offense as well as conspiracy to commit the substantive offense.

Federal Conspiracy Charges

General Federal Conspiracy

The general federal conspiracy statute is 18 U.S.C. 371. The statute prohibits conspiracies to either (1) commit any offense against the United States; or (2) defraud the United States.

A conspiracy to commit an offense against the United States is simply a conspiracy to commit a federal crime. A conspiracy to defraud the United States is more generalized. It may apply to any scheme to cheat the government out of money or property or to obstruct a government function by dishonesty, trickery, or deceit.

The maximum sentence for a conspiracy charged under 18 U.S.C. 371 is 5 years’ imprisonment. However, if the object of the conspiracy is a misdemeanor offense, the punishment for the conspiracy cannot be longer than the maximum punishment for that misdemeanor offense.

Drug Conspiracy

A person may be charged under 21 U.S.C. 846 with a conspiracy to commit any federal drug offense, including possession, manufacture, distribution, dispensation of a controlled substance.

Any individual participating in a chain of drug distribution–from the initial manufacture or production to its final delivery to an end user–are susceptible to being charged for participating together in the conspiracy. In other words, anyone who is implicated at any stage of a drug crime – even for something as seemingly minor as transporting a drug – could be looking at conspiracy charges.

When large conspiracy cases are charged, it is not uncommon for some defendants to be completely unaware of the existence of others. Even if they will admit to participating in some illegal drug activity, they may deny an intent to participate in the larger conspiracy addressed by the case overall. This is an issue of the scope of agreement, which may be addressed at trial or through plea negotiations and sentencing.

Pursuant to 21 U.S.C. 846, the penalty for participating in a drug conspiracy is the same as the penalty for committing the substantive offense. The statutory penalty range depends on the quantities of controlled substances involved in the conspiracy, with the least amounts requiring no statutory minimum period of imprisonment and the most requiring a mandatory minimum imprisonment term of 10 years (or 20 years if death or serious bodily injury results from the use of the controlled substance).

The sentence that will be imposed on a particular defendant will be driven by United States Sentencing Guidelines, specifically Chapter 2D. Sentences recommended by the guidelines are also very quantity driven, but also take into account the involvement of weapons in the offense and the source of the controlled substance. Conspiracy defendants’ guideline sentences may also be affected by their relative roles in the conspiracy, with individuals who played more substantial leadership roles receiving longer sentences than individuals who participated in minor, limited, or task-based role.

Possible Defenses to Conspiracy Charges

The defense strategies that are available to you will depend largely on the underlying criminal statutes. Your attorney should be well-versed in conspiracy law and have substantial working knowledge of the underlying offense. Working with your defense lawyer, you may be able to advance such defenses as:

• Lack of agreement or knowledge: Prosecutors have the burden of proving beyond a reasonable doubt that the defendant knowingly joined a criminal conspiracy or enterprise. Simply associating with the suspects or knowing about the activity without actually participating in it is not sufficient to secure a conviction of conspiracy.
• Withdrawal: If the defendant withdrew from the conspiracy, then this may be a viable defense under the right circumstances. Withdrawal from a conspiracy requires clear communication of intent to withdraw coupled with some sort of affirmative action that demonstrates withdrawal, such as ending all subsequent communications with the other conspirators.
• Insufficient evidence: Problems with the government’s evidence will undermine its case against you, such as unreliable evidence or witnesses who are not credible, especially if those witnesses are confidential informants.
• Misunderstanding or mistaken identity: It is possible that the defendant meant no harm, but that the government misunderstood or misinterpreted their actions. In other cases, an individual who did not actually participate in the conspiracy may be improperly implicated.

Hiring an attorney early is the most effective way to defend your rights and fight the charges against you. We will review the circumstances of your case and consider the quality of the evidence and arguments against you. No matter the nature of the charges against you, we will apply our extensive understanding of the law to your case and work for the best possible outcome for you.

Charged with Conspiracy? Schedule Your Consultation with Us

At Joseph, Hollander & Craft, we understand the seriousness of federal conspiracy charges. Let us get started on your case today. Our Overland Park office is located just off of I-435 and I-69. Or you can schedule a meeting at one of our offices in Kansas City, Lawrence, Topeka, and Wichita.