Federal Criminal Law (Conspiracy & Parties) Flashcards
Johnny shoplifted a candy bar (a misdemeanor.). While making his escape, he asks Bob to let him hide out in Bob’s basement. Bob agrees and Johnny hides out in the basement. If these facts can be proven beyond a reasonable doubt, Bob should be found guilty of: ANSWER a. Aiding and abetting the theft b. Theft c. Accessory after the fact d. Misprision of a misdemeanor
c. Accessory after the fact CORRECT: Bob assisted Johnny from being caught, prosecuted and punished after the offense occurred, thus Bob is an accessory after the fact.
Suzi Q sees her best friend shoplift a tube of lipstick. While her best friend is eyeing some mascara, Suzi Q, knowing that her friend will also shoplift the mascara, notices the store security guard intently scrutinizing her best friend. To save her best friend from facing a mascara shoplifting offense, Suzi Q causes a disturbance by fainting which distracts the security guard. During the distraction, her girlfriend takes the mascara without being caught. At no time did Suzi Q talk to her best friend, nor did her best friend at any time notice that it was Suzi Q who caused the disturbance that allowed her to successfully shoplift the mascara. If the government could prove all of the foregoing facts, which of the following offenses would be the appropriate criminal charge for Suzi Q’s actions?
ANSWER
a. Accessory after the fact
b. Theft
c. Aiding and abetting
d. There is no criminal offense for Suzi Q’s actions
c. Aiding and abetting CORRECT: Suzi Q assisted her best friend during the commission of the shoplifting. Assisting the commission of the offense before the offense takes place or during the offense is the essence of aiding and abetting.
Adam, an undercover FBI agent investigating bank robberies, Bob, an undercover DEA agent investigating how bank robbery money is being used to fuel the drug trade, and Charlie, a local bad guy, agree to rob the Federal Reserve Bank of Mudville, Ga. Have they formed the requisite intent for a federal conspiracy?
ANSWER
a. Yes, because three people to the agreement formulated the intent to violate federal law.
b. Yes, because there are at least two people to the agreement who formulated the intent to violate federal law.
c. No, because only one of the three people involved in the agreement can actually formulate the intent to violate federal law.
d. No, because it always takes more than 2 people to formulate the intent to violate federal law.
c. No, because only one of the three people involved in the agreement can actually formulate the intent to violate federal law. CORRECT: A conspiracy requires two or more of the ‘right’ people to formulate the intent to violate federal law. Two of the three people are undercover agents. Undercover agents are not capable of formulating the intent.
Adam, an undercover FBI agent investigating bank robberies, Bob, a recently fired Deputy Sheriff, and Charlie, a local bad guy, agree to rob the Federal Reserve Bank of Mudville, Ga. Do we have a federal conspiracy?
ANSWER
a. Yes, because we have two or more of the right people who formulated the intent to violate federal law.
b. Yes, because all three formulated the intent to violate federal law.
c. No, because only two of the three can formulate the intent to violate federal law.
d. No, because two of the three men have only formulated the intent to violate federal law.
c. No, because two of the three men have only formulated the intent to violate federal law. CORRECT: A conspiracy requires 2 or more people who can formulate the intent to violate federal law and one of the members to the agreement must commit an overt act after the agreement which is in furtherance of the agreement. Here there is only an agreement. No overt act has been committed after the agreement by a member of the agreement that is in furtherance of the agreement
Adam, an undercover FBI agent investigating bank robberies, Bob, a recently fired Deputy Sheriff, and Charlie, a local bad guy, agree to rob the Federal Reserve Bank of Mudville, Ga. Do we have a federal conspiracy?
ANSWER
a. Yes, because we have two or more of the right people who formulated the intent to violate federal law.
b. Yes, because all three formulated the intent to violate federal law.
c. No, because only two of the three can formulate the intent to violate federal law.
d. No, because two of the three men have only formulated the intent to violate federal law.
c. No, because two of the three men have only formulated the intent to violate federal law. CORRECT: A conspiracy requires 2 or more people who can formulate the intent to violate federal law and one of the members to the agreement must commit an overt act after the agreement which is in furtherance of the agreement. Here there is only an agreement. No overt act has been committed after the agreement by a member of the agreement that is in furtherance of the agreement.
Adam, an undercover FBI agent investigating bank robberies, along with Bob, a recently fired Deputy Sheriff, and Charlie, a local bad guy, agree to rob the Federal Reserve Bank of Mudville, USA. Once all 3 agree to rob the bank, Charlie, a former bank security specialist, locates the sketch of the bank he made in his spare time two years ago when he was considering robbing the bank. The sketch identifies the entrances and exits, as well as the perfect way to take the money from a specific bank teller without being observed by any of the bank cameras. Do we have a federal conspiracy?
ANSWER
a. Yes, because at least two or more of the right people formulated the intent to violate federal law and a member to the agreement has committed an overt act in furtherance of the agreement.
b. Yes, because all three formulated the intent to violate federal law and an overt act has been committed by a coconspirator in furtherance of the agreement.
c. No, because despite the overt act to commit the crime being accomplished, all three indicated they could formulate the intent to violate federal law, but only two had the capacity to formulate the intent.
d. No, despite having two or more of the right people who can formulate the intent, no overt act in furtherance of the agreement has been committed by a member of the agreement.
d. No, despite having two or more of the right people who can formulate the intent, no overt act in furtherance of the agreement has been committed by a member of the agreement. CORRECT: The overt act must be committed by a member of the agreement after the agreement – not before it. Thus no overt act in furtherance of the conspiracy has been committed – therefore there is no conspiracy.
Dr. Jones is married to a federal employee. The good doctor hates the federal government and soon grows weary of his “federal” wife as well. Dr. Jones conspires with a hit man to kill his wife simply because she is a federal employee and for no other reason. He pays the hit man the going rate for a contract killing. Thereafter, unbeknownst to the hit man, the doctor’s wife unexpectedly dies of natural causes. Unaware that the wife has already died, the hit man uses the contract killing money to buy a rifle to use in the murder. Do we have a conspiracy?
ANSWER
a. No, because the overt act of obtaining the rifle committed by a party to the agreement, took place after the wife died.
b. No, because the object of the agreement cannot be completed – the wife died before she could be killed.
c. Yes, but only because the object of the agreement could be achieved when the agreement was made prior to the wife’s death.
d. Yes, but only because there was an agreement and an overt act in furtherance of the agreement took place.
d. Yes, but only because there was an agreement and overt act in furtherance of the agreement took place. CORRECT: Two people formulated the intent to violate federal law and one of them committed an overt act (bought the rifle) in furtherance of the agreement. Impossibility is not a defense.
Adam, Bob and Charlie are college roommates. They agree to rob the 1st Federal Reserve Bank of Mudville, Ga. Bob, unbeknownst to the other two, steals some ski masks to use in the robbery. Just prior to stealing the ski masks, the bank’s charter was revoked – the bank no longer exists. Although the bank no longer exists, the beautiful brick bank building is still standing? Are Adam, Bob and Charlie going to be criminally liable for a conspiracy to rob the bank?
ANSWER
a. No, because the bank’s charter has been revoked.
b. No, because there can be no conspiracy, when the object of the agreement is impossible to obtain because the bank lost its charter prior to Bob stealing the ski masks.
c. Yes, because the bank building is still standing, thus the agreement is still valid.
d. Yes, because the overt act followed the agreement to rob the bank.
d. Yes, because the overt act followed the agreement to rob the bank. CORRECT: There is an agreement and an overt act in furtherance of the agreement occurred. There is a conspiracy to rob the bank. Impossibility, due to the loss of the bank charter, is not a defense.
Adam, Bob and Charlie agree to rob the 2nd Federal Reserve Bank of Mudville, Ga. Bob, without telling the other two, steals guns for the job. Later in the day, Bob secretly enlists Dave to be an extra lookout. Dave does not know the other members, but does agree to be just the lookout and nothing more. Bob, on his way back to a meeting with Adam and Charlie, steals a new van for use in the robbery and kills the van driver in the process of stealing it, so that there would be no witnesses. After this theft but before the robbery, Charlie tells Adam he wants out of this idiotic plan and goes to the movies. When the bank is robbed, Dave never shows up to be the lookout. During the robbery, a bank guard is killed. After the bank is robbed, Dave turns himself into the police and confesses. Which of the following correctly identifies the entire criminal liability of a member to the conspiracy?
ANSWER
a. Adam’s liability: theft of guns, theft of van, murder of the van driver, bank robbery and murder of bank guard.
b. Bob’s liability: theft of guns, murder of the van driver, bank robbery and murder of the bank guard.
c. Charlie’s liability: theft of the guns, theft of the van, and murder of the van driver.
d. Dave’s liability: theft of the van, murder of the van driver, bank robber, murder of the bank guard and conspiracy to rob the bank.
d. Dave’s liability: theft of the van, murder of the van driver, bank robbery, and murder of the bank guard and conspiracy to rob the bank. CORRECT: Dave joined an on-going conspiracy and did not effectively withdraw from it, thus he is liable for all the foreseeable events while he is a member, even though he did not participate in them. Theft of the guns took place prior to joining the conspiracy.
Sue, Allie, and Phoebe agree to rob the 1st Federal Reserve Bank of Waycross, Ga. Sue, without telling the other two, steals guns for the job. Later in the day, Allie secretly enlists Billie Bob to be an extra lookout at the bank robbery. Billie Bob does not know the other members, but does agree to be just the lookout and nothing more. Allie on her way to a meeting with Sue and Phoebe, steals a new BMW for use as the getaway car in the robbery. She kills the BMW driver in the process of stealing it. After this theft but before the robbery, Phoebe tells Sue that she is thinking about quitting the conspiracy and goes to a spa to unwind and think about it. When the bank is robbed, Billie Bob never shows up to be the lookout, because he was being chased by police for stealing a diamond ring he planned to give to Allie, because she asked him to join in the bank robbery. While Phoebe is still at the spa, the bank is robbed and a bank guard is killed by Allie. After the bank is robbed, Billie Bob is caught by the police. Which of the following correctly identifies the entire criminal liability of a member to the conspiracy?
ANSWER
a. Allie by virtue of being a co-conspirator is guilty of all criminal offenses committed by all coconspirators.
b. Sue is liable for every criminal offense committed by her co-conspirators to include conspiracy to rob the bank, bank robbery and murder of the bank guard.
c. Billie Bob is liable for all criminal offenses committed by every co-conspirator to include his theft of the ring.
d. Phoebe is liable for theft of the guns, theft of the BMW, the murder of the BMW driver, conspiracy to rob the bank, bank robbery and murder of the bank guard.
d. Phoebe is liable for theft of the guns, theft of the BMW, the murder of the BMW driver, conspiracy to rob the bank, bank robbery and murder of the bank guard. CORRECT: Phoebe did not withdraw from the conspiracy. Thus, she is liable for all criminal acts committed while she was a member of the conspiracy to include theft of the guns, theft of the BMW and murder of its driver, and conspiracy to rob the bank, bank robbery and murder of the guard. She is not liable for theft of the ring as it was not committed in furtherance of the conspiracy.
Larry, Curly and Moe agree to rob the 3rd Federal Reserve Bank of Mudville., Ga. Curly, unbeknownst to the others, goes to a pawn shop and steals 3 automatic rifles to use in the robbery. Larry then steals a painters van to use in the robbery and has it repainted with water based paint so it can be easily washed to change its color. Thereafter, Moe talks his girlfriend Suzi Q into being a lookout. Just prior to robbing the bank, Larry, realizing they are the 3 Stooges, gets cold feet and calls the cops and confesses to what he did in the scheme. The cops round up Moe and are looking for Curly – they don’t know anything about Suzi Q being involved (yet). Larry, readily confess to his part in the proposed bank robbery. Later the same day, Suzi Q, not realizing that some of the others have been arrested, decides that if she is going to be a lookout she will need a gun just in case something happens, so she shoplifts a .45 caliber pistol at busy gun show. Which of the following correctly identifies the criminal liability of one of the co-conspirators? ANSWER
a. Curly is only criminally liable for theft of the automatic rifles and shoplifting of the .45 pistol and bank robbery.
b. Larry is only liable for theft of the van, shoplifting of the .45 pistol and bank robbery.
c. Moe is only liable for theft of the automatic rifles, theft of the van, shoplifting of the .45 pistol.
d. Suzi Q is only liable for shoplifting the .45 caliber pistol and conspiracy to rob the bank.
d. Suzi Q is only liable for shoplifting the .45 caliber pistol and conspiracy to rob the bank robbery. CORRECT: She joined an ongoing conspiracy and committed the last criminal act of for her co-conspirators liability – she shoplifted the .45 caliber pistol.
