Federal Conspiracy Defense Lawyer

Federal conspiracy is the government's most powerful and most frequently used charging tool, because it lets prosecutors hold you responsible for an agreement to commit a crime, and often for the acts of everyone else in that agreement, even if the underlying crime was never completed. The general federal conspiracy statute, 18 U.S.C. § 371, carries up to five years, but a conspiracy charged under a specific statute, such as drug, fraud, or racketeering conspiracy, carries the full penalty of the crime the group agreed to commit, up to life in some cases. Because conspiracy can sweep in people on the edges of an alleged scheme based on association, statements, and the testimony of cooperators, these cases are frequently defensible, but only with the right lawyer and an early start. If you are under investigation or charged in New York City, an experienced federal conspiracy defense lawyer should be your first call.

Varghese & Associates, P.C. is a federal criminal defense firm on Wall Street, in the heart of the Southern District of New York. Conspiracy defense is a core part of our NYC federal criminal defense practice, and the firm is led by Vinoo Varghese, a former prosecutor and one of the most recognized criminal defense attorneys in the country. Our federal conspiracy defense attorneys handle these cases in house, from the first subpoena or arrest through investigation, indictment, trial, sentencing, and appeal. Matters are not routed out to other firms.

Call now for a confidential consultation with a New York City conspiracy lawyer. The earlier our federal conspiracy defense lawyers are involved, the more they can do.

What Is a Federal Conspiracy?

A federal conspiracy is an agreement between two or more people to commit a federal crime, or to defraud the United States, and it is a separate offense from the underlying crime itself. The general conspiracy statute, 18 U.S.C. § 371, makes it a crime either to conspire to commit any federal offense or to conspire to defraud the United States or one of its agencies. The key point is that the agreement is the crime. A conspiracy can be charged even if the planned offense was never carried out, never succeeded, or was impossible to complete. That is what makes conspiracy such a flexible and dangerous charge, and it is why understanding exactly what the government must prove is the first step in the defense.

What Are the Elements of a Federal Conspiracy Under 18 U.S.C. § 371?

To convict you of conspiracy under 18 U.S.C. § 371, the government must prove that an agreement existed between two or more people to commit a federal offense or to defraud the United States, that you knew of the agreement and voluntarily joined it, and that at least one member committed an overt act in furtherance of the conspiracy. The overt act does not have to be illegal by itself, and it does not have to be committed by you, only by some member of the conspiracy. The government can prove the agreement with circumstantial evidence, but mere presence at a scene, or association with people who committed a crime, is not enough. It must prove that you knowingly agreed to participate, and that is where the defense concentrates.

What Is the Difference Between the Two Types of Section 371 Conspiracy?

Section 371 contains two distinct crimes: conspiracy to commit a specific federal offense, and conspiracy to defraud the United States, which covers agreements to obstruct or interfere with a lawful government function by deceit, even where no other specific statute was violated. The defraud clause is broad and is often used in tax cases, where it is called a Klein conspiracy, and in cases involving alleged interference with agencies like the IRS, the SEC, or federal regulators. Because the defraud clause reaches conduct that impairs government functions through dishonesty, prosecutors use it to charge conduct that might not fit neatly under another statute. Understanding which clause is charged shapes the entire defense.

Why Do Prosecutors Love Conspiracy Charges?

Prosecutors favor conspiracy charges because they are easier to prove, they allow the statements of one alleged conspirator to be used against all of them, they can hold each member responsible for the foreseeable crimes of the others, and they give the government flexibility on where to bring the case. A conspiracy charge lets the government tell a single sweeping story about a group, introduce co-conspirator statements that would otherwise be inadmissible, and try many defendants together. It also expands venue, so a case can often be brought in any district where any part of the conspiracy occurred. These advantages are exactly why the defense must attack the conspiracy theory at its foundation.

What Is Pinkerton Liability?

Pinkerton liability is a rule that makes each member of a conspiracy criminally responsible for the reasonably foreseeable crimes committed by other members in furtherance of the conspiracy, even crimes the individual did not personally commit or know about in advance. This doctrine is one of the harshest features of federal conspiracy law, because it can hold a minor participant responsible for serious crimes committed by others in the group. Limiting a client's exposure under Pinkerton, by showing that particular crimes were outside the scope of what the client agreed to or were not reasonably foreseeable, is a central part of the defense in a conspiracy case.

Does a Federal Conspiracy Require an Overt Act?

A conspiracy under the general statute, 18 U.S.C. § 371, requires the government to prove an overt act, but many specific conspiracy statutes, including drug conspiracy, fraud conspiracy, RICO conspiracy, and money laundering conspiracy, do not require any overt act at all. Under those statutes, the agreement alone is enough to convict. This distinction matters enormously, because it changes what the government has to prove. When a conspiracy is charged under a statute that requires no overt act, the case rises or falls on proof of the agreement itself, which puts even more weight on the credibility of cooperators and the strength of the government's evidence that a true agreement existed.

The Family of Federal Conspiracy Statutes

Conspiracy can be charged under the general statute or under many specific ones, and which statute applies determines the penalty and whether an overt act is required. The conspiracy charges most often seen in federal court include:

• General conspiracy to commit an offense or to defraud the United States (18 U.S.C. § 371)
• Conspiracy to commit wire, mail, bank, or health care fraud (18 U.S.C. § 1349)
• Drug conspiracy, which requires no overt act (21 U.S.C. § 846)
• RICO conspiracy (18 U.S.C. § 1962(d))
• Money laundering conspiracy (18 U.S.C. § 1956(h))
• Conspiracy to import or export controlled substances (21 U.S.C. § 963)
• Hobbs Act conspiracy, in extortion and robbery cases (18 U.S.C. § 1951)

What Are the Penalties for Federal Conspiracy?

A general conspiracy under 18 U.S.C. § 371 carries up to five years in prison and a fine, but a conspiracy charged under a specific statute usually carries the same penalty as the underlying crime, which can mean ten years, twenty years, or life depending on the offense. In other words, a drug conspiracy is punished like drug trafficking, a fraud conspiracy like the fraud, and a RICO conspiracy like substantive RICO. That means a conspiracy charge is not a lesser charge. It often carries exposure equal to the completed crime, plus the risk of Pinkerton liability for the acts of others. Understanding the real exposure is essential to making sound decisions about the case.

How Does Sentencing Work in a Conspiracy Case?

Federal conspiracy sentences are calculated under the United States Sentencing Guidelines based on the object of the conspiracy and the conduct attributed to the defendant, including the reasonably foreseeable acts of co-conspirators within the scope of the agreement. This relevant-conduct rule means the sentence can be driven by the overall scope of the scheme, not just what the individual did. Limiting the conduct and loss or drug quantity attributed to a client, and distinguishing their role from that of more culpable co-defendants, is one of the most valuable fights in a conspiracy case. Our federal conspiracy defense attorneys contest the attributed conduct, challenge enhancements, and present detailed mitigation to drive the sentence down.

What Are the Defenses to a Federal Conspiracy Charge?

Conspiracy cases turn on the existence and scope of an agreement, and that is where the defenses concentrate. Every case is different, but the strategies our federal conspiracy defense lawyers commonly use include:

• No agreement. Showing that the defendant never entered a genuine agreement, as opposed to being merely present or associated with others.
• No knowledge or intent. Demonstrating that the defendant did not know of the conspiracy's purpose or did not intend to join it.
• Withdrawal. Establishing that the defendant withdrew from the conspiracy, which can limit liability and trigger the statute of limitations.
• Multiple conspiracies. Arguing that the evidence shows several separate agreements rather than the single conspiracy charged, which can require acquittal.
• No overt act. Where the charge is under Section 371, challenging whether any overt act was proven.
• Attacking cooperators and suppression. Exposing the motives behind cooperator testimony and moving to suppress unlawfully obtained evidence.

Can You Withdraw From a Conspiracy?

Yes. A person can withdraw from a conspiracy by taking an affirmative step to abandon it, such as disclosing it to authorities or clearly communicating withdrawal to the other members, and a valid withdrawal can limit liability for later acts and start the statute of limitations running. Withdrawal is a technical defense with strict requirements, and simply stopping participation or being arrested is usually not enough. But in the right case, establishing that a client withdrew before key events, or long enough before the charge that the limitations period expired, can be a powerful defense. Our federal conspiracy defense attorneys evaluate withdrawal and limitations issues in every conspiracy case.

What Should You Do If You Are Under Investigation or Charged?

If you are under investigation or charged in a federal conspiracy, do not talk to federal agents, do not discuss the case with anyone including alleged co-conspirators, and do not speak about it on recorded jail phones. Call a federal conspiracy defense lawyer immediately. Conspiracy cases are built on statements and on cooperators, and anything you say can be used against you and the entire group. You have the right to remain silent under the Fifth Amendment and the right to counsel under the Sixth Amendment. Because conspiracy cases involve multiple defendants with competing interests, having independent counsel focused solely on you is critical. Say nothing without counsel, and let your lawyer engage the government.

How Our Federal Conspiracy Defense Attorneys Can Help You

Our federal conspiracy defense lawyers defend these cases at every stage, and they look for the earliest possible point at which the case can be won or reduced:

• Pre-indictment defense. Responding to target letters and subpoenas, handling proffers, and negotiating with the U.S. Attorney's Office to seek a declination or reduced charges before an indictment.
• Attacking the agreement. Building the factual and legal case that no true agreement existed, or that the client did not join it.
• Limiting Pinkerton and relevant conduct. Separating the client's conduct from that of co-conspirators to limit exposure and sentencing.
• Severance. Moving to separate a client from more culpable co-defendants so the jury judges the client on their own conduct.
• Trial. Trying cases before federal judges and juries in the Southern District, the Eastern District, and other districts as engaged.
• Sentencing and appeal. Challenging attributed conduct and enhancements, advising on cooperation, and pursuing appeals and post-conviction relief.

Is Federal Conspiracy a Felony?

Yes. Federal conspiracy is a felony. A general conspiracy under 18 U.S.C. § 371 is punishable by up to five years, and a conspiracy charged under a specific statute carries the felony penalty of the underlying crime, up to life in the most serious cases. A conspiracy conviction is a serious federal felony with all the consequences that follow, including prison, supervised release, fines, and a permanent record. Because a conspiracy charge can carry the same exposure as the completed crime, every conspiracy allegation should be treated as serious from the start.

Can You Be Convicted of Conspiracy Without Committing the Crime?

Yes. You can be convicted of conspiracy even if the underlying crime was never completed, because the crime of conspiracy is the agreement itself, not the successful commission of the planned offense. A person can be convicted of drug conspiracy without any drugs being seized, of fraud conspiracy without a completed fraud, and of a general conspiracy under Section 371 as long as an overt act was committed. This is precisely why conspiracy is so powerful for the government and so important to defend carefully, because the case can rest entirely on proof of an agreement rather than on a completed crime.

How Much Does It Cost to Hire a Federal Conspiracy Lawyer in New York City?

The cost of a federal conspiracy lawyer in New York City depends on the object of the conspiracy, the number of co-defendants, the volume of discovery, and whether the case resolves before or goes to trial. Conspiracy cases are often large, document-intensive, and multi-defendant, so they require real work. Our conspiracy attorneys are transparent about fees from the first conversation and structure the representation to fit the matter. Given that a conspiracy charge can carry the same exposure as the completed crime, the more important question is usually what an inadequate defense can cost you.

A Federal Conspiracy Lawyer the National Media Turns To

When the biggest federal cases in the country are in the news, networks and newspapers call Vinoo Varghese to explain what is really happening in the courtroom. That is the same judgment and credibility our federal conspiracy defense attorneys bring to your case.

Vinoo Varghese has provided legal analysis and commentary for CBS News, Fox News, Fox Business, CNN, MSNBC, Court TV, HLN, BBC, Inside Edition, i24 News, Sky News Arabia, and Nancy Grace's Crime Stories, and has hosted true-crime legal analysis for Vanity Fair. He has been quoted as a legal authority by The New York Times, The Wall Street Journal, the New York Law Journal, Law360, the New York Daily News, and the New York Post. A former prosecutor from the Brooklyn District Attorney's Office, he is a nine-time National Trial Lawyers Top 100 honoree, an eight-time New York Metro Super Lawyer, rated AV Preeminent by Martindale-Hubbell, and has served on the visiting faculty of Harvard Law School's Trial Advocacy Workshop.

Contact a New York City Federal Conspiracy Defense Lawyer Now

If you are under federal investigation, have received a target letter, or have been arrested or indicted on a conspiracy charge anywhere in New York City, do not wait and do not talk to anyone but your lawyer. A federal conspiracy defense lawyer who has stood in the courtroom and tried the cases can change what happens next.

Call Varghese & Associates, P.C. for a confidential consultation. Our office is located at 2 Wall Street, Suite 310, New York, NY 10005, steps from the federal courthouses of the Southern District of New York.