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Can You Be Charged with Conspiracy Without Committing a Crime?
The crime of conspiracy is unusual given the fact that, even if you do not technically commit another crime, you can be charged with conspiracy to commit a crime if you start planning the crime and meet other elements of the criminal offense. That is because the crime of conspiracy is its own separate crime – for example, you could be charged with conspiracy to engage in price fixing, even if you were not charged with the crime of price fixing itself.
Federal law imposes criminal liability on conspiracy to commit certain white-collar crimes that are perpetrated in a business context. If you have been charged with the crime of conspiracy, you could face serious criminal penalties and reputational consequences. For this reason, it is important to consult with an experienced Milwaukee criminal law attorney who understands this complex area of law and knows how to build a strong defense.
What is the Crime of Criminal Conspiracy?
When two or more people conspire to commit a crime, they may be charged with criminal conspiracy. Generally, for the prosecution to show that you are guilty of criminal conspiracy to commit a crime, they must prove the following elements of the crime:
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There were two or more people involved
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These people agreed to engage in illegal activity
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These people had the intent to commit the illegal act
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At least one conspirator took some sort of "overt act" or substantial step toward committing the crime
The agreement to commit a crime does not have to be formal. Additionally, the overt act need not even be illegal as long as it is done to further the crime; someone may be charged with criminal conspiracy even if they took some legal action, as long as it was in furtherance of committing a crime.
What Are Conspiracies to Commit Corporate Crimes?
Several federal laws make it illegal to conspire to commit a corporate or "white-collar" crime. If you are charged with conspiracy to commit a white-collar crime, you could face serious penalties for actions taken in the course of doing business. The government need not be financially harmed for you to be liable for conspiracy to commit a crime. Violations of federal white-collar crimes can include steep financial penalties and jail time.
Price Fixing and Bid Rigging
Section 1 of the Sherman Act makes it illegal to conspire to fix prices or rig bids. For some background on the crimes themselves, price fixing occurs when competitors agree to raise or fix prices for certain services or goods. Some examples of price fixing include agreements to restrict competition, such as by fixing credit terms, having a standard formula for coming up with prices, or eliminating discounts. Likewise, the crime of bid rigging involves raising prices that are set through competitive bidding. In bid rigging, the conspirators agree in advance about who will submit the winning bid on a contract.
To establish the crimes of conspiring to fix prices or rig bids, the prosecution must prove that:
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The conspiracy was knowingly formed
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The defendant knowingly joined the conspiracy
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The conspiracy affected interstate or foreign commerce
In order to affect interstate commerce, the illegal act must involve products shipped across state lines, services provided in multiple states, or international trade. Notably, it is not necessary to commit an "overt act" in furtherance of the conspiracy under the Sherman Act, nor is it necessary that all the conspirators actively participate in the illegal actions.
Insider Trading
Insider trading is the buying or selling of publicly traded securities, such as stocks, based on information that is not public knowledge. Federal law makes it illegal to engage in insider trading. 18 U.S.C. 371 makes it illegal to conspire to commit fraud against the U.S. government, including insider trading. To show that there was a conspiracy to commit insider trading, the prosecution will have to prove that there was an illegal agreement, criminal intent, and proof of an overt act (that need not itself be illegal). Some examples of overt acts of insider trading include contacting investment clients, purchasing a domain name for a website, or taking other actions in anticipation of an insider trading transaction.
Additional Conspiracies to Defraud the U.S. Government
In addition to the conspiracy to commit insider trading, you can be charged with conspiracy to commit other types of fraud under 18 U.S.C. 371, including securities fraud. These include conspiracy to make false financial statements, and conspiracy to provide false or misleading information to investors. You could also be charged with conspiracy to commit embezzlement and money laundering under this law.
How Can An Experienced Attorney Defend You Against Conspiracy Charges?
If you face a charge of conspiracy to commit a crime, having an experienced attorney defend you from these accusations is vital. A team of experienced attorneys can not only mount a strong defense but also put in place a compliance program to protect you and your business.
Legal Defense
If you face charges of conspiring to commit a federal white-collar crime, a team of attorneys experienced in defending against these types of charges can mount a strong legal defense. Your attorney can conduct a thorough investigation of the charges against you, gather expert witnesses that can help make your case, and use his or her legal knowledge to build a strong defense strategy. A dedicated and knowledgeable legal team also has the expertise to negotiate and plea bargain with the prosecution.
Corporate Compliance
Another way you can protect yourself against corporate conspiracy charges is by implementing a strong compliance program at your organization. A robust compliance program ensures that the members of your organization are aware of the law. It puts in place safeguards to protect against attempts to conspire illegally within your business organization.
A corporation that is actively monitoring and improving its legal compliance is less likely to violate the law. The government also tends to be more lenient when companies have a strong compliance program. Your attorney can ensure that your company has a strong compliance program in place to protect you from future liability.
Contact a Milwaukee, WI Criminal Defense Attorney
Whether you have been charged with the crime of conspiracy or want to protect your business from potential exposure to criminal conspiracy charges, you can benefit from experienced legal representation. The team of Milwaukee, Wisconsin criminal conspiracy attorneys at Gimbel, Reilly, Guerin & Brown, LLP respond to your needs. We are trial attorneys with more than 55 years of experience handling complex legal issues. Contact our offices for a consultation on your criminal conspiracy matter at 414-271-1440 today.
