Las Vegas Federal Conspiracy Defense Attorney
Conspiracy is a common federal charge that involves two or more individuals agreeing to commit a federal crime. Prosecuted under 18 U.S.C. § 371, conspiracy is considered a "catch-all" charge that can be applied to a wide variety of criminal activities, including drug trafficking, fraud, money laundering, and other serious offenses. What makes conspiracy unique is that individuals can be charged even if the underlying crime was never completed—as long as there was an agreement and at least one overt act in furtherance of the conspiracy.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending individuals facing conspiracy charges in federal court. If you have been charged with conspiracy or are under investigation, it is critical to have a skilled federal defense attorney on your side to protect your rights and build a robust defense.
What Is Conspiracy?
Conspiracy, as defined under 18 U.S.C. § 371, involves two or more individuals agreeing to commit a federal offense. To secure a conviction, federal prosecutors must prove the following elements:
Agreement: There must be an agreement between two or more individuals to commit a federal crime.
Overt Act: At least one of the conspirators must take an overt act in furtherance of the conspiracy. The overt act does not need to be illegal itself; it simply must show that the conspiracy was moving forward.
Intent: The prosecution must prove that the individuals involved in the conspiracy had the intent to achieve the goal of the conspiracy.
Importantly, the actual commission of the crime is not necessary to charge someone with conspiracy. As long as there was an agreement and an overt act, federal prosecutors can pursue conspiracy charges, even if the crime itself was never completed.
Case Law and Legal Precedents for Conspiracy
Several significant cases have shaped the way conspiracy is prosecuted in federal courts. In United States v. Shabani, 513 U.S. 10 (1994), the Supreme Court held that the government does not need to prove the commission of the underlying crime to convict someone of conspiracy. This ruling confirmed that even unexecuted plans or attempts can result in a conspiracy conviction.
In United States v. Jimenez Recio, 537 U.S. 270 (2003), the Court addressed when a conspiracy charge ends, ruling that conspiracy continues until its objectives are achieved, even if some members of the conspiracy abandon it. This decision reinforced the broad application of conspiracy law, allowing for continued prosecution even after the conspiracy may seem to have disbanded.
These cases highlight how conspiracy charges can be far-reaching and complex, underscoring the importance of having an experienced attorney to build a strong defense.
Penalties for Conspiracy
Conspiracy is a serious federal crime, and the penalties can be severe, especially if the underlying crime involves large-scale fraud, drug trafficking, or other significant offenses. The penalties for conspiracy under 18 U.S.C. § 371 include:
Fines: Individuals convicted of conspiracy may face substantial fines, which can vary depending on the nature of the underlying crime. Fines can range from thousands to millions of dollars, especially in cases involving financial crimes.
Imprisonment: The maximum penalty for conspiracy is up to five years in federal prison. However, if the conspiracy involves a crime that carries a more severe penalty (such as drug trafficking or terrorism), the defendant may face the same penalties as if they had been convicted of the underlying crime.
Restitution: In conspiracy cases involving financial loss or harm to victims, defendants may be ordered to pay restitution to compensate victims for their losses.
The U.S. Sentencing Guidelines are used to determine the appropriate sentencing range for conspiracy charges, with federal judges considering factors such as the scope of the conspiracy, the defendant's role in the scheme, and the amount of harm caused.
Federal Investigations and Conspiracy Charges
Conspiracy cases are often complex and involve multiple parties, making them a priority for federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Internal Revenue Service (IRS). These agencies frequently use tools such as wiretaps, undercover operations, and confidential informants to gather evidence against individuals suspected of conspiracy.
Conspiracy charges often arise from broader investigations into drug trafficking rings, organized crime, financial fraud schemes, and other criminal enterprises. If you believe you are under investigation for conspiracy or have already been charged, it is crucial to seek legal representation immediately. Federal prosecutors aggressively pursue conspiracy cases, and the earlier you have an experienced attorney on your side, the better your chances of building a strong defense.
Defenses Against Conspiracy Charges
At Hofland & Tomsheck, we take an aggressive approach to defending conspiracy charges, examining every detail of the case to identify weaknesses in the government's arguments. Common defenses against conspiracy charges include:
Lack of Agreement: One of the key elements of conspiracy is that there must be an agreement between two or more individuals to commit a crime. If the prosecution cannot prove that an agreement existed, the charges may not hold.
Withdrawal from the Conspiracy: In some cases, an individual may have initially agreed to participate in a conspiracy but later decided to withdraw from the plan. If we can demonstrate that the defendant took affirmative steps to abandon the conspiracy, this can serve as a defense.
No Overt Act: The prosecution must show that at least one overt act was taken in furtherance of the conspiracy. If there was no overt act, the conspiracy charge may not be valid.
Entrapment: In some cases, federal agents may coerce or manipulate individuals into participating in a conspiracy. If we can show that the defendant was induced to commit the crime by law enforcement and would not have otherwise done so, this can be a viable defense.
Sentencing Guidelines for Conspiracy
Federal sentencing for conspiracy is determined using the U.S. Sentencing Guidelines, which consider several factors, including:
Nature of the underlying crime: The penalties for conspiracy often mirror those of the underlying crime. For example, if the conspiracy involves drug trafficking, the sentencing range will reflect the same penalties as if the defendant had been convicted of the actual drug trafficking offense.
Role in the conspiracy: Defendants who play a leadership or organizational role in the conspiracy may face harsher penalties than those who had a minor role.
Duration and scope of the conspiracy: Long-running conspiracies involving numerous participants and extensive criminal activity may result in enhanced penalties.
In addition to these factors, aggravating circumstances such as the use of violence, involvement of minors, or connections to organized crime can lead to more severe sentences. Federal judges generally follow the advisory sentencing range provided by the U.S. Sentencing Guidelines Manual, but they have some discretion in applying the guidelines based on the specifics of the case.
Why Choose Josh Tomsheck for Your Conspiracy Defense
Facing federal conspiracy charges is daunting, but with the right legal representation, you can protect your rights and fight back against the government's case. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience defending clients against conspiracy charges in federal court. As a former prosecutor, Josh understands how the government builds conspiracy cases and can develop strategies to challenge the evidence, discredit key witnesses, and weaken the prosecution's arguments.
At Hofland & Tomsheck, we take a personalized approach to every case, providing you with a tailored defense strategy designed to achieve the best possible outcome.
Schedule Your Free, Confidential Consultation Today
If you are under investigation or facing conspiracy charges, don't wait to seek legal advice. Contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions, depending on your needs.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal conspiracy charges.
