Introduction
Conspiracy charges can be complex and carry serious penalties. While the government may believe it has a strong case, the defense can often find technicalities that get charges dismissed or reduced. This article will examine some of the most common technicalities that can get conspiracy charges dropped or mitigated.
Improper or Missing Overt Acts
To prove a criminal conspiracy, the government must show the defendant agreed with others to commit a crime and then took concrete steps (known as “overt acts”) to further the conspiracy. If the indictment fails to allege specific overt acts or alleges acts that are not actually crimes, the conspiracy charge may get dismissed.
For example, in a 2021 case, a judge dismissed conspiracy charges against 31 Patriot Front members planning to riot at a pride event because the alleged overt acts like wearing uniforms and marching were not actual crimes
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Invalid or Incorrect Underlying Charges
Since conspiracy involves agreeing to commit another crime, problems with the underlying charges can also undermine the conspiracy count. If the statute of limitations has expired on the underlying crime or the facts don’t actually establish it occurred, the related conspiracy charge could get dropped.
In a 2022 case, conspiracy charges got dismissed against a Missouri realtor accused of hiring a hitman to kill her ex-mother-in-law when the murder-for-hire charge was dropped
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Invalid Co-Conspirators
To prove conspiracy, the government must establish the defendant conspired with someone who was legally capable of committing the underlying crime. If the alleged co-conspirator had no criminal intent or was a government agent, the conspiracy charge could get dismissed.
For example, in a 2022 case, a judge dismissed conspiracy charges where the only alleged co-conspirator was an undercover police officer
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Statute of Limitations Expiration
Conspiracy charges must be brought within 5 years of the last overt act in furtherance of the conspiracy. If the statute of limitations has expired, the charge could get dismissed.
This happened in a 2022 case against a retired Navy admiral accused of bribery where the judge found the statute of limitations barred conspiracy charges
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Invalid Extradition
If a defendant is extradited from another country to face specific charges, U.S. prosecutors cannot exceed the scope of the extradition request. So if conspiracy charges were not authorized in the extradition, they could later get dismissed.
For example, in the 2022 FTX fraud case, prosecutors dropped a conspiracy charge against CEO Sam Bankman-Fried because the Bahamas had not approved his extradition on that count
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Lack of Evidence
Like all criminal charges, conspiracy counts can get dismissed before trial if the prosecution lacks sufficient evidence. This often happens when alleged co-conspirators refuse to cooperate or crucial evidence is ruled inadmissible.
In 2021, a judge dismissed conspiracy charges against Oath Keeper members related to the U.S. Capitol riot due to lack of evidence of an agreement to use force .
Improper Venue
Conspiracy charges must be brought in a district where an overt act happened or where the agreement was made. If the government indicts in the wrong jurisdiction, the charges could get dismissed.
In a 2021 case, a New York judge dismissed some charges against Turkish bank Halkbank accused of conspiring to evade Iran sanctions because the overt acts lacked sufficient local connection .
Conclusion
While conspiracy charges can be complex for prosecutors to prove, the intricacies of conspiracy law provide opportunities for defense attorneys to get charges dismissed on technical grounds. Paying close attention to the specific elements and procedures required for a valid conspiracy case is key. With an experienced defense lawyer identifying issues, many defendants can avoid conviction for conspiracy based on technicalities.