Conspiracy to Commit Federal Offenses: Understanding 18 U.S.C. § 371

Title 18, Code § 371 criminalizes conspiracy for the purpose of committing an offense against the United States or defrauding any of its agencies. When two or more persons conspire either to commit any offense or defraud the United States, and one of them takes an overt act in furtherance of the conspiracy, they may be charged—even if they didn’t actually commit the crime.

A Few Key Notes:

• Intent is required: Accidental involvement doesn’t qualify.
• The law covers both criminal conspiracy to violate federal law and efforts to defraud the government.
• You can be charged even for passive involvement if you are considered a member of the conspiracy.

To convict someone under 18 U.S.C. § 371, federal prosecutors must prove four essential elements beyond a reasonable doubt:

1. An Agreement to Commit the Crime There must be an agreement to commit a federal crime between two or more people.

    

2. Criminal Intent Each person must knowingly join the conspiracy with the intent to break federal law.

    

3. Overt Act in Furtherance of the Conspiracy At least one overt act must be taken by any member of the conspiracy to move the plan forward.

    

4. Federal Nexus The offense must violate federal law or target a U.S. agency.

Examples of Overt Acts:

• Sending wire transfers as part of a fraud scheme
• Purchasing tools for a planned federal crime
• Coordinating over encrypted platforms

Federal conspiracy charges often overlap with other federal offenses. Prosecuted at the federal level, these criminal conspiracy cases prosecuted are broad and cover activities ranging from narcotics to election fraud.

Common Conspiracy Offenses:

• Drug trafficking (21 U.S.C. § 846)
• Healthcare fraud schemes
• Tax fraud and wire fraud
• Federal election violations
• Conspiracy to defraud the United States or the Federal Housing Administration

Federal conspiracy charges often carry the same weight as the completed crime and may involve multiple defendants when people agree to commit a federal offense.

Violations of the general conspiracy statute under Code 371 bring serious legal consequences. If convicted, the punishment for such conspiracy shall not exceed the maximum of five years unless the underlying offense allows more.

Sentencing Breakdown:

Additional Consequences:

• Felony record
• Asset forfeiture
• Federal probation
• Immigration implications
• Enhanced sentencing if conspiracy involves violence

This statute is broad enough to allow federal prosecutors to file conspiracy charges even where the plan failed. The penalties for 18 U.S.C. § 371 remain harsh due to its flexibility and how conspiracy must only involve one overt act.

Though federal law governs 18 U.S.C. § 371, local procedures in Arizona affect how cases are handled.

Considerations:

• Dual prosecution is possible under state and federal law.
• Arizona convictions may enhance penalties federally.
• Federal conspiracy cases often begin with local investigations.

Arizona Revised Statutes also outline conspiracy rules, and violations of ARS § 13-1003 can evolve from initial state-level offenses.

Conspiracy requires strategic defense. A criminal defense attorney will assess whether your actions qualify as part of the conspiracy and whether federal prosecutors prove their case lawfully.

Legal Defenses:

• No Agreement or Participation: No evidence you agreed or intended to commit the crime
• Withdrawal: You left before any overt act
• Entrapment: You were coerced by authorities

An experienced federal criminal defense attorney can examine if there were violations in procedure or if conspiracy charges are improperly applied. A defense law team should aggressively protect your rights.

If you’ve been charged with conspiracy to commit a federal offense or you’re under investigation, contact a federal defense team now. Early action can impact outcomes significantly.

Indicators You Need Help:

• You’re a target of a federal investigation
• You were charged with conspiracy to violate federal law
• You’re part of a network or co-defendant case
• You’re unsure how far your involvement went

Federal conspiracy charges are often charged early in investigations to pressure cooperation. The sooner a lawyer is involved, the stronger your position.

• Conspiracy charges are often charged based on speech or planning, not just actions.
• Terms to include any conspiracy may be vague—legal clarity is key.
• Code § 371 is one of the most frequently used federal criminal statutes.
• Conspiracy law allows charges even when no actual crime occurred.
• Conspiracy shall not exceed five years unless another statute permits longer punishment.
• Cases prosecuted at the federal level are felonies, and many involve multiple agencies.

At Guardian Law Group, we know that being charged with conspiracy to commit a federal offense under 18 U.S.C. § 371 can be intimidating and life-changing. Whether your case involves drug trafficking, fraud, or another alleged conspiracy in Arizona, we offer experienced, strategic legal defense to help protect your future.

Attorney Christian Lueders, a former felony prosecutor, brings valuable insight into how conspiracy charges are investigated and prosecuted at the federal level. Our law office is dedicated to defending your rights and achieving the best possible outcome—whether that means dismissal, reduced sentencing, or a fair plea agreement.

If you’re facing federal conspiracy charges in Arizona or have been contacted by federal investigators, call Guardian Law Group today at (623) 462-0558. We offer a free consultation to give you the clarity and legal support you need right away.