A. Statute

• If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

B. Elements

1. Existence of an agreement to achieve an unlawful purpose
2. The defendant's knowing and voluntary participation in the conspiracy
3. The commission of an overt act in furtherance of the conspiracy

  *The objective does not have to be achieved because this is an inchoate crime.

  *In federal law, there is no merger.

  *This is the closest the federal code gets to attempts.

C. Practical Consequences of a Conspiracy Charge

• 1. Way to get at an attempt 
• 2. Fed. R. Evid. 801(D)(2)(e): coconspirator statements made in furtherance of the conspiracy are not hearsay. Therefore, they are admissible against all members. You don't have to charge conspiracy to get it in. Judge makes a determination by a preponderance of the evidence, but the charge helps because GJ found PC to indict.
• 3. Joinder: you can join the defendants and try them together. This makes it easier to show the conspiracy to the jury when different defendants committed parts. The jury will also hear the evidence on all defendants. There is a legitimate purpose and an illegitimate purpose:
  • 1) Consistency: all similarly situated, then tried and convicted and sentenced in similar way.
  • 2) It is going to be hard for the jury to separate the evidence against one defendant from the evidence against another. This is an illegitimate purpose. Also, the jury might hear about the bad acquaintances that the seemingly innocent D had.
• 4. Venue
• 5. Statute of Limitations

Statutes above are up to date from www.law.cornell.edu as of October 1, 2009.