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Oklahoma Federal Conspiracy Attorney

Oklahoma Federal Conspiracy Attorney

Oklahoma Federal Conspiracy Attorney

Oklahoma Federal Conspiracy Attorney

The United States Code contains many sections addressing conspiracy to commit certain federal offenses. Title 18, Section 371 of the United States Code addresses conspiracies to commit a federal offense or to defraud the United States and is the “general” conspiracy statute under federal law. The elements of conspiracy under Section 371 are:
  • Two (2) or more persons;
  • Conspire to commit any offense against the United States or conspire to defraud the United States or conspire to defraud any agency of the United States in any manner or for any purpose; and
  • One (1) or more of such persons do any act to effect the object of the conspiracy.

If these elements are met, then each person that is party to the conspiracy can be sentenced to confinement in the United States Bureau of Prisons for not more than five (5) years. However, if the offense that is the object of the conspiracy is a misdemeanor, then the punishment for conspiracy to commit such offense cannot exceed the maximum punishment provided for such misdemeanor. Other sections of the United States Code prescribe different elements and punishments for conspiracy to commit other specific federal offenses.

The third element of a federal conspiracy requires a party to the conspiracy to perform an act in furtherance of object of the conspiracy. An act in furtherance of a conspiracy is known as an “overt act.” The overt act required to satisfy a federal conspiracy does not need to be the substantive crime that is the object of the conspiracy. Furthermore, the overt act does not have to be an element of the substantive crime that is the object of the conspiracy, or even a crime. All that is necessary to satisfy the overt act element of a federal conspiracy is a single act by any of the parties to the conspiracy in furtherance of the plot.