Facing federal conspiracy allegations? A federal conspiracy defense lawyer in Herrin, IL defends people accused of agreeing to break federal law — 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.
A conviction can mean five years in prison — or decades more if the conspiracy involves drugs, fraud, or violence. Federal conspiracy cases are complex, high stakes, and often involve multiple defendants and early government action.
Quick Summary: What You’ll Learn
- How federal conspiracy charges work
- What prosecutors must prove
- Common types of federal conspiracy cases
- Possible penalties and minimums
- How to fight the case before and after indictment
What Is a Federal Conspiracy Charge?
Conspiracy under federal law happens when people plan to break U.S. law and one of them takes action to move the plan forward — even if no one finished the crime they planned.
To convict someone under 18 U.S.C. § 371, federal prosecutors must show three elements beyond a reasonable doubt:
- Agreement – There was a mutual plan to break federal law or cheat the U.S. government.
Examples:
An IT consultant and a client agree to submit fake cybersecurity compliance reports to a federal agency.
Two roommates plan to traffic prescription pills using the postal service. - Intent – Each person meant to join the plan and understood it was illegal.
Examples:
A person knowingly agrees to serve as a getaway driver for a federal bank fraud scheme.
Someone agrees to open bank accounts for a fraud ring after being told what the accounts will be used for. - Overt Act – Any step was taken by someone to move the plan forward, even if it seems minor.
Examples: Creating fake tax returns for a fraudulent refund scheme, calling a bank to ask about a fake account, or printing fake documents to support the plan.
What Must Herrin, IL Prosecutors Prove in a Federal Conspiracy Case?
Prosecutors have to prove every element of the case beyond a reasonable doubt — no shortcuts.
This includes showing what the plan was, who was involved, and how it moved forward.
Key issues in a federal conspiracy case include:
- Scope of the agreement – Was the goal narrow and specific or part of a broader plan with multiple layers?
- Specific role – Did they truly agree to break the law, or were they simply nearby when things happened?
- Timing and overt act – When was the agreement made, and what act showed they were serious about it?
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 Herrin, IL
Prosecutors use conspiracy laws strategically to widen the scope of criminal charges. Drug and fraud conspiracies are the most common, but the law applies far beyond those areas.
These are the types of conspiracy cases we most frequently handle in Herrin, IL:
Criminal Federal Conspiracy Crime Examples
- Drug Trafficking Conspiracy (21 U.S.C. § 846)
Agreement to manufacture, distribute, or possess illegal drugs with intent to sell. - Fraud Conspiracy (wire, mail, bank, healthcare)
Plan to carry out a fraud using communication tools like mail, phones, or the internet. - Obstruction of Justice Conspiracy
Plot to block a federal investigation, hide evidence, or influence witnesses. - Firearms Conspiracy
Agreement to illegally get, sell, or use guns — often tied to other serious crimes. - Immigration Conspiracy
Two or more people agree to help others enter or stay in the U.S. illegally. - Public Corruption Conspiracy
Plan between officials or contractors to abuse public trust or funds. - Civil Rights Conspiracy (18 U.S.C. § 241)
Agreement to harm or threaten someone because they exercised their legal rights. - Terrorism-Related Conspiracy (18 U.S.C. § 2332b)
Plan to commit violence against the U.S. or its people, even if it never happens. - Tax Evasion Conspiracy
Team effort to cheat the IRS, often by hiding income or filing false returns. - Environmental Crimes Conspiracy
Plan to harm the environment or cover up violations of federal environmental rules. - Securities Fraud Conspiracy
Agreement to deceive others for financial gain through stock or investment fraud.
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. However, that’s only the base penalty. If the conspiracy involved a bigger crime, like trafficking or terrorism, the sentence can be much harsher. That means you could face decades in prison even if the crime never actually happened.
The judge must also follow federal sentencing rules. Judges will consider things like your prior offenses, involvement in the conspiracy, and other important facts.
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
Defending a conspiracy case takes strategy — and these are the approaches that work most often.
- No agreement
If the prosecution can’t prove you knowingly agreed to the crime, there’s no conspiracy. - Lack of intent
Intent is key — if you didn’t knowingly agree to do something illegal, that can be a strong defense. - No overt act
The law requires at least one concrete action — without it, the conspiracy charge may fail. - Entrapment
When federal agents pressure someone into doing something they wouldn’t normally do, that can be a defense. - Mistaken identity or role
You might be named in a case but have played no actual part in the crime. - Procedural violations
Unlawful surveillance or sloppy warrants can lead to evidence being tossed.
Are Federal Conspiracy Charges in Herrin, IL Hard to Beat?
Yes — since prosecutors don’t have to show that the crime actually happened. All it takes is an agreement and a single act toward the plan — even if nothing else happened. That makes these charges especially tough. Still, an experienced lawyer can find weaknesses in the case and fight back. The earlier you get help, the more options your lawyer has — especially before formal charges.
Federal conspiracy charges are different from state cases in Herrin, IL. These cases go through U.S. District Court and usually involve deep investigations by the FBI, IRS, or other federal agencies — and the penalties are tougher. Federal prosecutors often have more tools and experience — making early legal help crucial.
Why Choose Our Herrin, IL Federal Defense Team
When you’re facing a serious federal conspiracy charge, you need a federal criminal defense lawyer in Herrin, IL with experience and expertise in federal courts. Here’s why clients across Herrin, IL trust our defense team:
- Our firm brings six decades of combined experience to federal conspiracy and criminal defense cases.
- We’ve handled more than 10,000 criminal cases, from drug and fraud conspiracies to obstruction and white collar investigations.
- Each member of our defense team is trial-ready and qualified to appear in the U.S. District Court for Southern Illinois.
- We don’t charge by the hour — our flat rates give you certainty and peace of mind. Call us any time you have questions and need an update, without an extra charge.
- Throughout your case, your lawyer — not just office staff — will be available when you need answers.
Contact a Federal Conspiracy Defense Lawyer in Herrin, IL
Charged or under investigation for federal conspiracy? You need to act fast. What happens next may determine your future, so early legal help is crucial. We’re prepared to step in right away to protect your rights.
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.
Contact us at (314) 900-HELP or reach out through our online form to set up a confidential consultation — free of charge.
