Defending Charges of Conspiracy (From White Collar Crimes, P 33-104, 1980, Gary P Naftalis, ed., - See NCJ-78913)

• NCJ Number: 78915
• Author(s): O G Obermaier
• Date Published: 1980
• Length: 71 pages
• Sale Source: American Law Institute-American Bar Assoc
• Language: English
• Country: United States of America

Annotation

This paper describes the major principles of Federal law related to conspiracy in economic regulatory offenses and presents techniques for use by defense attorneys in both pretrial procedures and trials.

Abstract

Emphasis is placed on enabling defense attorneys to adequately preserve the debatable issues for possible appellate review. A discussion of the basic principles of conspiracy law focuses on the nature of the crime of conspiracy and its ancillary determinants; the Federal statutes involved; and the indictments's requirement of allegations of the agreement, the unlawful objects of the conspiracy, and at least one overt act. Definitions are provided for overt acts, venue, and the differentiation between conspiracy and the substantive offenses that are its immediate ends. The issues of joinder, single and multiple conspiracies, and intent are also examined. Areas of dispute regarding admissiblity of evidence are discussed, including coconspirator declarations, the single act doctrine, and circumstantial evidence as proof of motive, intent, or association. Other areas covered include the statute of limitations; duration, termination, and withdrawal with respect to a conspiracy; a conspirator's liability for substantive crimes (the Pinkerton doctrine); merger of the conspiracy and the substantive offenses; prior adjudications; and sentencing. Techniques and procedures are presented for reducing the vagueness of the charge and preventing adverse testimony introduced against one defendant from affecting another defendant. The use of a bill of particulars, severance, and a hearing to determine the trustworthiness of coconspirators' statements are pretrial procedures discussed. Trial techniques covered include requests that the jury be given a limiting instruction, the motion for a judgment of acquittal at the close of the prosecution's case as well as at the close of the defense case and after all the evidence has been received, requests to charge, and the court's charge and exceptions. Footnotes with references and appendixes presenting sample conspiracy counts and an actual charge to a jury are provided. For related material, see NCJ 78913.