The definition of conspiracy is as follows: an agreement between two or more people to commit an act prohibited by law or to commit a lawful act by means prohibited by law

The three most common federal statues that exist in which criminalize certain agreements are:

1. Title 18 U.S.C. § 371 – When two or more people decide to conspire to violate a federal law such as bank, mail, securities fraud and/or public corruption.
2. Title 18 U.S.C. § 1956(h) – When two or more people decide to conspire to launder money or to engage in a monetary transaction based on from illegal activity;
3. Title 21 U.S.C. § 846- When two or more people decide to conspire to manufacture and/or possess with an intent to deliver a controlled substance.*

* To be convicted under code 21 U.S.C. § 846, the government does not need to show that the defendant committed any obvious act in furtherance of the conspiracy.

Possible Penalties:

1. Title 18 USC § 371 –A person may be found guilty of a felony, put in prison for up to 5 years, and fined up to $250,000.
2. Title 18 USC § 1956(h)-A person may be found guilty of a felony, put in prison for up to 20 years, and fined up to $500,000 or twice the value of the property involved, whichever is greater.
3. Title 21 USC § 846 – Dependent on the type and amount of drug involved a person may be found guilty of a felony, put in prison up to life and fined up to $4,000,000.

The punishment is per transaction for all three types of conspiracies listed above. For example, if one conspires with others to commit mail fraud, to commit money laundering, and to commit drug trafficking, the potential punishment above may be life plus 25 years.

Most often, the State’s Assistant U.S. Attorney (AUSA) will secure a Federal Indictment from a Federal Grand Jury and charge a defendant not only with conspiracy, but also with mail fraud, wire fraud, bank fraud, public corruption, RICO crimes, securities fraud, drug crimes or money laundering. One should also be aware that since 1987 parole has been abolished in the Federal System. Expungement (removal of conviction from public records) is also not available.