18 U.S.C. § 371

Definition

18 U.S.C. § 371 is a federal statute that criminalizes conspiracy to commit an offense against the United States or to defraud the United States. It makes it illegal for two or more persons to agree to commit a crime, and at least one of the conspirators must take an overt act in furtherance of that agreement. This law underscores the importance of punishing not only the completed crimes but also the agreements made to commit those crimes.

5 Must Know Facts For Your Next Test

1. The statute allows for prosecution even if the conspiracy did not result in the actual commission of the crime.
2. Conviction under 18 U.S.C. § 371 requires proof of an agreement between parties and an overt act taken towards accomplishing that agreement.
3. This law applies broadly to various federal offenses, including fraud, bribery, and other acts against government interests.
4. Penalties under this statute can include fines and imprisonment, with potential sentences up to five years for those convicted.
5. The statute is often used in white-collar crime cases where multiple parties are involved in planning unlawful activities against the government.

Review Questions

• What are the necessary components required to prove a conspiracy under 18 U.S.C. § 371?
  • To prove a conspiracy under 18 U.S.C. § 371, there must be evidence of an agreement between two or more people to commit an offense against the United States or to defraud the United States. Additionally, at least one conspirator must take an overt act in furtherance of that agreement. This highlights that mere discussion of criminal intent is not enough; actions must also be taken that show commitment to the plan.
• Discuss how 18 U.S.C. § 371 applies to white-collar crimes and its implications for individuals involved in conspiracies.
  • 18 U.S.C. § 371 is frequently applied in cases of white-collar crime, where individuals conspire to commit fraudulent acts against the government. The law serves as a deterrent by penalizing not only the individuals who execute these plans but also those who merely agree and take preliminary steps towards committing these crimes. This broad applicability means that individuals can face serious consequences even if they don’t directly carry out the fraudulent acts themselves.
• Evaluate the impact of 18 U.S.C. § 371 on law enforcement's ability to address organized crime and corruption.
  • The enforcement of 18 U.S.C. § 371 significantly enhances law enforcement's ability to combat organized crime and corruption by allowing authorities to prosecute conspiracies before any crime is completed. This preemptive measure means that law enforcement can dismantle criminal enterprises early in their planning stages, disrupting operations that could lead to significant harm against public interests. Furthermore, it encourages cooperation among witnesses and lower-level offenders who may seek plea deals in exchange for information about higher-level conspirators, thus strengthening overall prosecution efforts.

Related terms

Conspiracy:

An agreement between two or more persons to commit an illegal act, which may not require that the act itself be carried out.

Overt Act:

An action taken by one or more members of a conspiracy that is intended to further the goals of the conspiracy, required for a conviction under conspiracy statutes.

Defraud: To deceive someone for personal gain, especially in a legal context; in conspiracy, it involves misleading actions intended to secure an unlawful benefit.