Being charged with or investigated for federal conspiracy is a serious matter with potentially life-altering consequences. Federal conspiracy defense lawyers help defendants protect their rights, fight back against the government, and find the best possible resolution to their case.
Federal conspiracy laws give prosecutors extraordinary power, allowing them to charge individuals even when no crime was completed, no profits were received, and involvement was limited. In many cases, conspiracy charges are used to increase leverage, apply harsher penalties, or pressure defendants into cooperation.
People accused of conspiracy are often shocked to learn how broad federal conspiracy laws are, and how quickly an investigation can turn into formal charges. Combs Waterkotte‘s experienced federal criminal defense lawyers fight for our clients throughout the United States. We will work toward a dismissal or reduction in charges, but are not afraid to go to trial to protect your future.
Call us today at (314) 900-HELP or contact us online for a free consultation.
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Facing Federal Criminal Charges? Why They’re Different and How to Win
Combs Waterkotte, a leading federal criminal defense law firm, has handled over 10,000 cases successfully. This ebook guides you through the federal criminal defense process, how federal charges are different, and how to win.
This page covers:
- What to do if you have been charged with conspiracy or are under federal investigation
- When a crime legally becomes a federal conspiracy under U.S. law
- The most common types of federal conspiracy charges prosecutors bring
- Potential penalties and sentencing exposure in federal conspiracy cases
- Common defenses used to challenge federal conspiracy allegations
- Why hiring an experienced federal conspiracy defense lawyer matters
What to Do If You’ve Been Charged With Conspiracy or Are Under Federal Investigation
First things first: never speak to law enforcement without an attorney. They are never trying to “clear things up,” or “hear your side of the story.” They are trying to build a case, and anything you say can be used as evidence to convict you.
Federal conspiracy cases often begin long before anyone is arrested. Unlike state cases, federal investigations may unfold quietly over months or even years, gathering evidence through surveillance, informants, financial records, and electronic communications.
You are likely under investigation if:
- Federal agents requesting an interview or “just asking questions”
- A subpoena for documents, emails, phone records, or financial data
- Search warrants are executed at homes, offices, or storage locations
- Learning that others connected to you have been arrested or charged
- Receiving a target letter or grand jury notice
In conspiracy cases, even truthful or casual statements can be framed as evidence of agreement, intent, or participation. Federal prosecutors often rely heavily on statements made early in an investigation to build conspiracy allegations.
An experienced federal defense lawyer can:
- Intervene before charges are filed
- Communicate with investigators and prosecutors on your behalf
- Clarify your legal status as a witness, subject, or target
- Help prevent self-incrimination
- Begin shaping a defense strategy early in case you are charged
- Hire their own experts and investigators and find witnesses to corroborate your defense
In federal conspiracy cases, early legal guidance can be the difference between decades behind bars or being able to move on with your life quickly.
When Does a Crime Become a Federal Conspiracy?
Under federal law (18 U.S. Code § 371), the government must prove three factors in order to gain a conviction on a conspiracy charge:
- Agreement: Two or more people agree to commit a federal crime or defraud the United States (for example, filing false tax returns).
- Intent (Mens Rea): The person charged knowingly and voluntarily joins the plan, understanding the goal is to commit a crime.
- Overt Act (in most cases): Someone involved in the plan takes a step – however small – to move the plan forward.
Federal conspiracy is a standalone criminal offense. A person may be charged with conspiracy even if the underlying crime was never completed or fully attempted.
Importantly, the agreement does not need to be formal or written. It may be inferred from conduct, communications, or circumstantial evidence. This makes conspiracy one of the most flexible — and aggressively used — tools in federal prosecutions.
You do not have to:
- Personally commit the underlying crime
- Know all alleged co-conspirators
- Be involved in every phase of the alleged scheme
- Receive money or benefits
Even limited or indirect involvement can be portrayed as participation in a conspiracy, particularly when prosecutors argue that actions were “reasonably foreseeable” within the scope of the agreement.
Federal Conspiracy Charges We Defend
Federal prosecutors rarely charge conspiracy on its own. Instead, they use conspiracy allegations to expand who can be held responsible, create harsher sentencing, and prosecute multiple defendants in a single case. Combs Waterkotte defends clients facing conspiracy charges across a wide range of federal investigations, including:
- Drug conspiracy under 21 U.S.C. § 846, which does not require proof of an overt act and allows charges even when no drugs were seized or handled directly
- Wire fraud and mail fraud conspiracy under 18 U.S.C. §§ 1343, 1341, often based on emails, financial transactions, or alleged schemes to defraud
- Healthcare, bank, and financial fraud conspiracies, frequently driven by document reviews and government interpretations of business practices
- White-collar conspiracy charges, including tax conspiracy and money laundering conspiracy under 18 U.S.C. § 1956(h)
- RICO and enterprise conspiracy under 18 U.S.C. § 1962(d), which can apply without proof that a defendant personally committed racketeering acts
- Public corruption and bribery conspiracy under 18 U.S.C. §§ 201 and 666, often relying on circumstantial evidence of intent or agreement
- Conspiracy to commit murder or violent federal offenses, charged under 18 U.S.C. § 371, § 1959, or related statutes, even when no violence ultimately occurs
Penalties for Federal Conspiracy Charges
Federal conspiracy penalties can be severe and, in many cases, mirror the punishment for the underlying federal offense. Under federal law, conspiracy is treated as a standalone crime, and defendants may face the same sentencing exposure as those who committed the substantive offense — even when the alleged crime was never completed.
Under 18 U.S.C. § 371, federal conspiracy charges carry a maximum sentence of up to five years in prison. However, numerous federal statutes include their own conspiracy provisions, such as drug conspiracy or money laundering conspiracy, which allow courts to impose penalties equal to the underlying offense, including mandatory minimum sentences.
Potential penalties in federal conspiracy cases may include:
- Prison sentences tied to the underlying offense, not merely the conspiracy itself
- Mandatory minimum sentencing requirements in drug, firearms, or other offense-specific conspiracies
- Significant criminal fines and court-ordered restitution
- Forfeiture of assets allegedly connected to the conspiracy
- Periods of supervised release following incarceration
Federal courts also rely on the U.S. Sentencing Guidelines, which focus on the overall scope of the alleged conspiracy rather than an individual’s isolated actions. In determining a sentencing range, courts may consider:
- The duration and breadth of the alleged conspiracy
- The number of participants involved and their roles
- Whether the defendant is accused of leadership or organizational responsibility
- Conduct committed by co-conspirators that was reasonably foreseeable
As a result, individuals may face sentencing consequences for acts committed by others — even when their own involvement was limited. Identifying and challenging these sentencing drivers is a critical part of any federal conspiracy defense.
Defenses to Federal Conspiracy Charges
Effective defense against federal conspiracy allegations requires a detailed analysis of both the evidence and the prosecution’s legal theory. Depending on the circumstances, defenses may include:
-
No Agreement
The government must prove an actual agreement existed. Parallel conduct, casual conversations, or independent actions do not automatically establish conspiracy. -
Lack of Knowledge or Intent
A defendant cannot conspire to commit a crime they did not knowingly or intentionally agree to participate in. -
Mere Presence or Association
Being present at events, knowing individuals involved, or maintaining business or personal relationships is not enough to prove conspiracy. -
Withdrawal from the Conspiracy
Demonstrating withdrawal before further acts occurred may limit or eliminate liability in certain cases. -
Insufficient or Unreliable Evidence
Many conspiracy cases rely on cooperating witnesses, informants, wiretaps, or circumstantial evidence that may be challenged for credibility or legality. -
Constitutional Violations
Illegal searches, unlawful surveillance, improper wiretaps, or violations of due process can result in suppressed evidence or dismissed charges.
A strong defense focuses not only on trial strategy, but also on early motions and challenges designed to weaken the government’s case.
Why Choose Combs Waterkotte for Federal Conspiracy Defense
Federal conspiracy cases demand more than general criminal defense experience. They require an attorney who understands how federal investigations are built, how prosecutors apply pressure, and how conspiracy statutes are used to expand liability.
Combs Waterkotte represents individuals facing complex federal charges, including multi-defendant conspiracy cases. With Combs Waterkote, you get:
- A federal criminal defense lawyer who treats you as a person, not a case number
- Our network of investigators and expert witnesses
- Over 60 years of combined experience winning cases
- Trial-ready federal conspiracy defense lawyers – while we work to get your charges dismissed or a favorable plea deal, we are at home defending our clients at trial
Clients benefit from a disciplined, strategic defense focused on protecting their rights at every stage of the federal process.
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How to Choose a Criminal Defense Lawyer
Charged with a crime? The lawyer you hire matters. Combs Waterkotte, recognized for top-tier criminal defense in Missouri and Southern Illinois, created this guide to help you find the right attorney. Learn what to look for, key questions to ask, and red flags to avoid.
Call a Federal Conspiracy Defense Lawyer Today
If you are facing federal conspiracy charges or believe you may be under investigation, do not wait to get legal help. Early decisions can have long-term consequences in federal cases.
Call Combs Waterkotte today at (314) 900-HELP or contact us online to schedule a confidential consultation with an experienced federal conspiracy defense lawyer.
Frequently Asked Questions About Federal Conspiracy Charges
What is federal conspiracy?
Federal conspiracy is a charge alleging that two or more people agreed to commit a federal crime and took steps toward carrying it out, even if the crime was never completed.
Do I have to commit a crime to be charged with conspiracy?
No. A person can be charged based on agreement and intent alone, without committing the underlying offense.
Can I be charged if I didn’t know everyone involved?
Yes. Federal law does not require knowledge of all alleged co-conspirators.
What if my involvement in the conspiracy was minimal?
Even limited involvement can lead to charges, but the extent of participation is often a critical defense issue.
Are federal conspiracy charges serious?
Yes. These charges often carry severe penalties, including long prison sentences and mandatory minimums.
Can federal conspiracy charges be dismissed?
In some cases, yes. Dismissals may occur due to lack of evidence, improper legal theories, or constitutional violations.
Should I talk to federal investigators if I’m innocent?
You should consult a lawyer before speaking with investigators. Statements can be misinterpreted or used to support conspiracy allegations.
When should I contact a federal conspiracy defense lawyer?
As soon as you believe you may be under investigation or have been charged. Early representation can significantly affect the outcome.
