NCJ Number
60129
Date Published
1978
Length
61 pages
Annotation
TRAINING PROCEDURES TO MAKE SPECIAL AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS KNOWLEDGEABLE IN ALL AREAS OF CONSPIRACY ARE DESCRIBED, WITH EMPHASIS ON ORGANIZED CRIMINAL INVESTIGATION AND LAW ENFORCEMENT.
Abstract
VARIOUS FEDERAL STATUTES MAKE CONSPIRACY A CRIME, BUT THE GENERAL CONSPIRACY STATUTE IS TITLE 18 OF U.S. CODE 371. THIS STATUTE IS BROAD ENOUGH TO INCLUDE ANY CONSPIRACY FOR THE PURPOSE OF IMPAIRING, OBSTRUCTING, OR DEFEATING LAWFUL FUNCTIONS OF ANY GOVERNMENT DEPARTMENT. CONSPIRACY IS PUNISHABLE IF ITS OBJECT IS AN OFFENSE PROHIBITED BY AN ACT OF CONGRESS IN THE INTEREST OF PUBLIC POLICY, REGARDLESS OF WHETHER IT ENTAILS CRIMINAL SANCTIONS OR CIVIL SUITS. BASIC ELEMENTS OF CONSPIRACY ARE AGREEMENT OF CONSPIRATORS, PLAN OR SCHEME, OBJECT OR OBJECTS, AND OVERT ACT. INTENT IS ALSO IMPORTANT AND INVOLVES INTENT TO JOIN IN A CONSPIRACY, INTENT TO AGREE TO CONSPIRE TOGETHER, AND INTENT TO ATTAIN AN OBJECT TOGETHER. THE CONSPIRACY INDICTMENT IS A SIGNIFICANT WEAPON FOR SPECIAL AGENTS IN THEIR WORK AGAINST ORGANIZED CRIME INVOLVING PROTECTION OF THE REVENUE. KNOWLEDGE OF THE LAW AND COURT DECISIONS REGARDING CONSPIRACY IS NECESSARY ON THE PART OF SPECIAL AGENTS. TRAINING PROCEDURES INCORPORATED IN THE MANUAL ARE DESIGNED TO ASSIST THESE AGENTS IN RECOGNIZING AND OBTAINING THE APPLICABLE EVIDENCE NEEDED TO CHARGE AND PROVE THE CRIME OF CONSPIRACY. THE MANUAL COVERS THE PROCESS OF PROSECUTION (TRIAL, EVIDENCE, PROOF, THE CONCEPT OF WILLFUL, AND SINGLE AND MULTIPLE CONSPIRACIES) AND LIABILITY FOR SUBSTANTIVE OFFENSES. REFERENCES CASES ARE NOTED THROUGHOUT THE TEXT OF THE MANUAL, AND NUMERICAL AND ALPHABETICAL LISTINGS OF COURT RULINGS ARE APPENDED. (DEP)