Federal Conspiracy Charges (18 U.S.C. § 371) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Two Kinds of § 371 Conspiracy

Section 371 makes it a crime to conspire to commit any offense against the United States, or to defraud the United States or any of its agencies.

Conspiracy to commit an offense (Pattern Instr. O13.1, Elements) and conspiracy to defraud the United States (O13.6, Elements) both require proof that:

1. Two or more people in some way agreed to try to accomplish a shared and unlawful plan.
2. You knew the unlawful purpose of the plan and willfully joined it.
3. During the conspiracy, one of the conspirators knowingly committed at least one overt act described in the indictment.
4. The overt act was committed at or about the time alleged, to carry out or accomplish some object of the conspiracy.

An overt act can be entirely innocent on its own. Under O13.6, to "defraud" the United States means to cheat the government out of money or property, or to interfere with its lawful functions by deceit, craft, or trickery.

The instructions also say what is not enough: being present, associating with certain people, or discussing common goals does not prove a conspiracy. But a person who played only a minor part, understood the plan, and willfully joined it can be guilty.

Penalty: up to 5 years and a fine (up to $250,000, or twice the gross gain or loss). If the planned offense is only a misdemeanor, the punishment cannot exceed that misdemeanor's maximum.

Instructions That Can Help the Defense

These instructions have no elements page of their own; they are listed on our Elements index.

• Multiple objects (O13.2). If the indictment says the conspiracy had two objects, the jury must unanimously agree on which crime you conspired to commit.
• Multiple conspiracies (O13.3). Proof of several separate conspiracies is not proof of the single conspiracy charged. If you belonged to some other conspiracy, not the one charged, you must be found not guilty.
• Withdrawal (O13.4). If you took action to disavow or defeat the conspiracy's purpose before any conspirator committed an overt act, you are not guilty of the conspiracy. Withdrawal can also matter for the statute of limitations and for later crimes by others.

Pinkerton Liability (O13.5)

If you are found guilty of the conspiracy, the jury may also find you guilty of a separate crime a co-conspirator committed, even if you did not take part in it, but only if it finds beyond a reasonable doubt that the crime was committed during the conspiracy to further its purpose; you were a knowing and willful member when it was committed; and it was reasonably foreseeable that a co-conspirator would commit it as a consequence of the conspiracy.

Other Conspiracy Laws

Many federal crimes have their own conspiracy law. A conspiracy to commit mail, wire, bank, or honest-services fraud carries the same penalty as the fraud itself (§ 1349), and § 1349's text, like § 286's, does not mention an overt act. See Honest-Services Fraud, Money Laundering, and Drug Trafficking.

Defense Themes

• No agreement. A buyer-seller relationship, working together, or family ties do not, by themselves, prove an agreement.
• Knowledge. Did you know the unlawful purpose?
• Scope. One conspiracy or several?
• Foreseeability limits on Pinkerton liability.
• Withdrawal and timing.

What to Do First

1. Don't talk to co-defendants about the case. Their calls may be recorded, and some may be cooperating.
2. Don't talk to agents without a lawyer.
3. Prepare for the detention hearing. See Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The crime never happened. Can I still be convicted of conspiracy?

Yes. The heart of a conspiracy is the agreement, plus an overt act under § 371. The plan does not have to succeed.

I barely knew the other people. Am I a conspirator?

Not just for knowing them. The Government must prove you knew the unlawful purpose and willfully joined the plan.

Can I be guilty of what someone else did?

Under Pinkerton liability, possibly, if the crime furthered the conspiracy, you were a member at the time, and it was reasonably foreseeable.