A federal conspiracy defense lawyer in Southern Illinois helps people accused of agreeing to commit a federal crime — even if that crime never happened. Under 18 U.S.C. § 371, it’s illegal for two or more people to intentionally agree to break federal law or defraud the United States, and for at least one of them to take a step toward making it happen.
That’s all it takes:
Agreement + intent + overt act = a federal felony conspiracy charge.
If convicted, you could face up to five years in prison — or much more, depending on the underlying offense — even if the planned crime wasn’t completed. These cases are complex, often involve multiple defendants, and require strategic legal defense from day one.
Quick Summary: What You’ll Learn
- How federal conspiracy charges work
- What prosecutors must prove
- Examples like drug, fraud, or obstruction conspiracies
- Possible penalties and minimums
- How to fight the case before and after indictment
What Is a Federal Conspiracy Charge?
A federal conspiracy charge means two or more people made a plan to break a federal law or cheat the United States — and at least one of them took a real step to make that plan happen. You can be charged with conspiracy even if the crime never actually took place.
To convict someone under 18 U.S.C. § 371, the government must prove three things:
- Agreement – Two or more people agreed to commit a federal crime or to defraud the government.
Examples:
A business owner and an accountant agree to lie on SBA loan applications to get COVID-19 relief funds.
A group of friends agree to smuggle controlled substances across state lines for resale. - Intent – Each person meant to join the plan and understood it was illegal.
Examples:
Someone agrees to help move money they know is tied to drug sales — not by accident or mistake.
Someone agrees to open bank accounts for a fraud ring after being told what the accounts will be used for. - Overt Act – One of the people did something to help carry out the plan, even a small thing.
Examples: Buying shipping supplies for the drugs, calling a bank to ask about a fake account, or deleting emails that could be used as evidence.
What Must Southern Illinois Prosecutors Prove in a Federal Conspiracy Case?
Prosecutors must prove every part of the case beyond a reasonable doubt. That includes the size of the plan, who was involved, and what steps were taken to move it forward.
Key issues in a federal conspiracy case include:
- Scope of the agreement – Was the plan focused on a single act, or was it part of a larger scheme involving more people and steps?
- Specific role – Did the accused actually join the plan, or were they just around people who did?
- Timing and overt act – When did the conspiracy begin, and what specific action showed the plan was moving forward?
For more details, see the DOJ’s criminal resource manual on conspiracy or Cornell’s overview of 18 U.S.C. § 371.
Common Types of Federal Conspiracy Cases in Southern Illinois
Prosecutors use conspiracy charges frequently, especially when they want to target multiple people or build a larger case. While drug and fraud conspiracies are common, conspiracy law reaches across nearly every area of federal criminal code. Here are the types we see most often:
Criminal Federal Conspiracy Crime Examples
- Drug Trafficking Conspiracy (21 U.S.C. § 846)
Agreement to manufacture, distribute, or possess with intent to distribute illegal drugs. - Fraud Conspiracy (wire, mail, bank, healthcare)
Two or more people plan to defraud a person or institution — often using electronic communication or mail. - Obstruction of Justice Conspiracy
Plot to interfere with federal investigations, destroy evidence, or tamper with witnesses. - Firearms Conspiracy
Agreement to illegally buy, sell, or use firearms, often linked to violent or drug crimes. - Immigration Conspiracy
Often involves human smuggling, harboring undocumented immigrants, or visa fraud. - Public Corruption Conspiracy
Bribery, kickbacks, or misuse of public office in coordination with others. - Civil Rights Conspiracy (18 U.S.C. § 241)
Agreement to injure, oppress, threaten, or intimidate someone in the free exercise of their rights. - Terrorism-Related Conspiracy (18 U.S.C. § 2332b)
Plotting violent acts against U.S. persons or interests, even if the attack never occurs. - Tax Evasion Conspiracy
Coordinated effort to defraud the IRS through underreporting, false filings, or offshore schemes. - Environmental Crimes Conspiracy
Joint effort to violate environmental protection laws (e.g., illegal dumping or false reporting). - Securities Fraud Conspiracy
Insider trading, false accounting, or Ponzi schemes planned between multiple individuals or entities.
Penalties for Conspiracy Under Federal Law
The standard penalty for conspiracy under 18 U.S.C. § 371 is up to 5 years in prison and/or a $250,000 fine. But that’s just the baseline. If the conspiracy involves a more serious offense — like drug trafficking or terrorism — then the punishment matches the underlying crime. That means you can face decades in prison even if the crime itself never happened.
Federal sentencing guidelines also apply, which means the judge will consider your criminal history, role in the conspiracy, and other factors during sentencing.
Federal Conspiracy Penalties
| Type of Conspiracy | Penalty Range |
|---|---|
| General Conspiracy (18 U.S.C. § 371) | Up to 5 years in prison |
| Drug Conspiracy (21 U.S.C. § 846) | 5–40 years or life, depending on drug amount |
| Fraud Conspiracy | Based on the underlying fraud (often 20+ years) |
| Obstruction Conspiracy | Up to 20 years |
| Firearms Conspiracy | 5–20 years depending on type of weapon and use |
| Terrorism Conspiracy (18 U.S.C. § 2332b) | Up to life in prison |
| Human Trafficking Conspiracy | 10 years to life |
| Public Corruption Conspiracy | Up to 5–20 years depending on offense |
| Civil Rights Conspiracy (18 U.S.C. § 241) | Up to life if bodily harm or death results |
| Immigration Conspiracy | Up to 10 years (can increase with aggravating factors) |
| Environmental Crimes Conspiracy | Up to 5–20 years based on type and impact |
| Tax Evasion Conspiracy | Up to 5 years per offense |
Defense Strategies Against Federal Conspiracy Allegations
No single defense fits every case, but here are some of the most common (and effective) ways to challenge a conspiracy charge:
- No agreement
If the prosecution can’t prove you knowingly agreed to the crime, there’s no conspiracy. - Lack of intent
You might have been involved in discussions or actions without intending to break the law — and that matters. - No overt act
Without at least one concrete step taken toward committing the crime, the charge may not stick. - Entrapment
If federal agents pressured or manipulated you into participating, you may have a valid entrapment defense. - Mistaken identity or role
You might be caught up in someone else’s case without actually being part of the illegal plan. - Procedural violations
If the government violated your rights during surveillance, arrest, or indictment, your attorney can fight to suppress evidence or dismiss the charges.
Are Federal Conspiracy Charges in Southern Illinois Hard to Beat?
Yes — because prosecutors don’t need to prove the crime was actually completed. Just agreeing to it, along with one overt act by any participant, can be enough. That makes these charges especially tough. But the right legal defense can still expose flaws in the case, challenge key elements, and protect your rights. Acting early gives your lawyer more leverage — especially before indictment.
Federal conspiracy charges are different from state cases in Southern Illinois. They’re handled in U.S. District Court, often involve complex investigations by agencies like the FBI or IRS, and follow strict federal sentencing guidelines. Federal prosecutors tend to be more experienced and have greater resources, which makes a strong, early defense critical.
Why Choose Our Southern Illinois Federal Defense Team
When you’re facing a serious federal conspiracy charge, you need a federal criminal defense lawyer in Southern Illinois with experience and expertise in federal courts. Here’s why clients across Southern Illinois trust our defense team:
- Over 60 years of combined legal experience in criminal defense, including complex federal conspiracy cases.
- We’ve handled more than 10,000 criminal cases, from drug and fraud conspiracies to obstruction and white collar investigations.
- Our attorneys are trial-tested and licensed to practice in U.S. District Court for the Southern District of Illinois.
- No hourly billing — we offer clear, all-inclusive flat-rate fees so you always know what to expect. Call us any time you have questions and need an update, without an extra charge.
- You’ll have direct access to your attorney throughout your case, not just a paralegal or receptionist.
Contact a Federal Conspiracy Defense Lawyer in Southern Illinois
Charged or under investigation for federal conspiracy? Don’t wait. These cases move fast — and what you do now can shape the rest of your life. Our Southern Illinois federal defense team is ready to act immediately.
Whether you’ve received a target letter, been indicted, or are facing sentencing, we’re here to protect your rights and fight for your future.
Call us now at (314) 900-HELP or use our online contact form to schedule a free, confidential case evaluation with a federal conspiracy defense lawyer in Southern Illinois.
