18 U.S.C. § 371 – Conspiracy to commit offense or to defraud the United States
This statute makes it a crime for two or more people to agree to break federal law or to interfere with the federal government through deceit or dishonest means.
Section 371 is the general federal conspiracy statute. It applies when two or more people agree to commit a federal crime, or when they work together to defraud the United States. The government does not need to prove that the planned crime was completed.
Main rule.
A person violates this law when:
- two or more people form an agreement to commit a federal offense or to defraud the United States, and
- at least one of them takes an overt act — a step, however small, — to move the plan forward.
An overt act does not need to be illegal on its own. It only needs to show that the agreement was being carried out.
Penalties.
A person convicted under this statute can face:
- up to 5 years in federal prison, unless the crime they conspired to commit has a lower maximum penalty,
- fines, and
- additional penalties related to the underlying offense.
If the conspiracy involves a misdemeanor, the punishment cannot exceed what the misdemeanor statute allows.
If you’re being investigated for a federal conspiracy offense, it’s important to get legal guidance early. Contact us or call (314) 900-HELP to speak with a federal criminal defense attorney.
