Exam 5 Fed Criminal Law CONSPIRACY 08-06-14

Question 0

12 B

Importance of Federal Conspiracy statue

Answer 0

• Proactive prevents harm
• catch and convict peripheral helpers
• Conspiracy is its own offense

Question 1

EPO 12 (BOBBY LOUIS 912267-3093 instructor)

ID how many persons are needed to form a conspiracy 18 USC 371

Answer 1

-Felony punishable for 5 years
-when two or more people join together to violate the law.
-Agree to commit any offense against US or Defraud the US
-Commit an overt Act in Furtherance of the agreement
<Corporations=no not a real person two bad guys+ Corp= yes, Corp can be fined, but not jailed if certain conditions are met must be someone who is auth to act on behalf of corp, conspiracy must be formed to benefit the cooperation can charge all three

Question 2

12

Doctrine of Merger

Answer 2

• Inchoate uncompleted crimes: Solicitation, Attempt, and Conspiracy
• Solicitation and Attempt merge

-Conspiracy does not merge
A def may be convicted of both conspiracy to commit a crime and the substantive crime itself

Question 3

EPO 13

ID when knowledge and intent are sufficient to constitute a conspiracy

Answer 3

• The defendant must have knowledge of the conspiracy and
• have the intent to participate in it
• Knowledge, standing alone, is not enough (IE three people decide to rob a bank, 4th person heard and didn’t say anything, can 4th to charged, =no

-Defendant does not need to know
All of the details of the conspiracy
-ID of all con conspirators
-role of all the conspirators/ one person just need to know identity or existence of one other and not the whole group and know the crime that is committed

Question 4

EPO 13 B

Proving Intent The Gov can prove intent several ways

Answer 4

-Statement by Defendant
-Circumstantial evidence
<showing Def had stake in the outcome of the conspiracy

Question 5

EPO 14

Recognize an agreement and its functions according to the provisions of 18 USC 371

Answer 5

• The essence of any conspiracy is the agreement
• Two or more people

The object of the conspiracy may be impossible to attain.

• EX Conspiring to kill someone who is already dead
• John wants to kill judge, they get a gun to go kill the judge, get there he was dead by natural cause, can charge with conspiracy not murder

Question 6

EPO 15
Any act that will help to carry out or assist in accomplishing the objective of agreement

-The act provides a definite point in time bf which an individual may withdraw from the agreement without incurring liability for conspiracy under 371
( class agree to rob bank, cops arrest bf we do so, cant charge) bc of this act (cant charge for daydreaming, must put in action)
me in J purchase bags to sell weed= completes conspiracy=Act to carryout or accomplish an agreement 
-

Answer 6

-The Overt Act defined

Question 7

-

Answer 7

The object of the conspiracy may be impossible to attain. But still can charge them with conspiracy

Question 8

EPO 15

-Ted say he will stills guns, Jay say i purchased 50 last year= no conspiracy it was purchased bf agreement

Answer 8

-4

Question 9

EPO 15

Recognize the function of an overt act in the crime of conspiracy.

Answer 9

• The final element that must be proven in any conspiracy prosecution is that, following the agreement, one of the conspirators committed an overt act in furtherance of the agreement.
• The overt act completes the crime of conspiracy.

Question 10

-Buyers and Sellers John and Richard make moonshine, split proceeds between two, MOM and Pop have corner store, M and P tell them we know what u are doing we will sell to you for $7 instead of $5 and the moonshiners agree, M & P know what is going on, and they increased their profits, = they are part of conspiracy= all can be prosecuted, M &P co conspiracy

Answer 10

-LANDLORDS AND TENANTS
LL rent $1200 month, lear that J Do is selling drugs out of the house, aft gaining knowledge, LL charge $1500 per month, not the LL have stake in conspiracy= LL = co-conspiracy

-EMPLOYERS AND EMPLOYEES
company makes illegal product, use their employees to make it, the employes gain knowledge of criminal adventure, if they keep doing their duty, employees can be convicted and charged = co-conspirators

Question 12

EPO 16

Answer 12

-Guy get ink for counterfeit document, one still paper from Gov office, all make document, are all them liable for paper= yes

Question 13

One who withdraws from the conspiracy
-after the first over act has been committed

Withdrawer is =Guilt of crime of conspiracy
-reasonably foreseeable crimes committed while he was a member of the conspiracy, but not for crime after they withdrawn membership
VALID WITHDRAWAL = 2 REQUIREMENTS
-Affirmative Act inconsistent with the goals of the conspiracy and
-Communication of the act to either one known co-conspirator or the police
(John toss his gun in river, and tell co conspirator i want out to rob bank, or go to the police and tell the plan)

Answer 13

Criminal Liability of A withdrawer defined

Question 14

One who joins the conspiracy:
-after the first over act has been committed

-Not a New Conspiracy
-so no additional over act is required
LATE JOINERS ARE
-Guilty of crime of conspiracy
-of reasonably foreseeable crimes committed while he is a member of the conspiracy
-NOT guilty for prior over acts (but prior acts are admissible at the trial of the late joiner to prove the existence of a conspiracy) Evidence of prior acts will be admitted

Answer 14

Criminal Liability of a Late Joiner defined

Question 15

WHEN DOES A CONSPIRACY ENDS

• STATUE OF LIM = 5 YEARS
• BEGINS TO RUN FROM THE DATE THE CON IS TERMINATED (NOTE TESTABLE)

Answer 15

-

Question 16

Knowledge of the crime

Answer 16

Mer knowlege of the criminal not enough

-A person must be associated with the venture and try to make it succed

Question 17

EPO 16
Id the limits of the withdrawers or late joiners criminal liability
(Ill pay you 10K to smuggle drugs in country and I pay him, can you charge= Yes Conspiracy)
(Rob bank at 12 divide cash after, H pur ski mask, J guns, D bus, go to the bank, bank teller dont give cash M slap the teller, security attempt to stop, D kills security, get money get on the bus, runs over padistrine and kills them,= all of them charged and liable for all the crimes, not liable if one rapes a bank employee and u didnt know about it.

Answer 17

-A conspirator is liable for conspiracy and any reasonably foreseeable crimes which are committed while he is a member of conspiracy

Question 18

A defendant may be convicted of violating 2a even though the person who actually committed the crime is never convicted, caught, or even identified.

• The defend is not required to be present at the time the actual crime is committed
• A defend may be convicted even if their sole role was to encourage the principal to commit the crime

Answer 18

Aiding and Abetting

Question 19

ID PARTIES TO CRIMINAL ACT

Answer 19

-18 USC 2 PRINCIPLES -whoever commites an offense against the US or aids, abets, counsels, commands, induces or procure its commission is punishable as a principal
3 ELEMENTs
-crime must actually be committed
-Knowledge of crime and
-affirmative ACT of association (Defendant must actually do someting to assist in the commission of the crime
-Timing-the involvement