NCJ Number
130637
Journal
Criminal Justice Journal Volume: 12 Issue: 1 Dated: (Winter 1990) Pages: 13-31
Date Published
1990
Length
19 pages
Annotation
This article examines the use of the Federal conspiracy statute used in corporate criminal prosecutions when it is determined that concerted criminal activity poses a greater threat than does individual wrongdoing. The conspiracy is treated as a separate offense, independent of the object offense.
Abstract
The elements of conspiracy which must be proved to gain a conviction are existence of an agreement between two or more persons to commit an unlawful act, the joining of this agreement by the defendant, and the overt commission of a crime in furtherance of the agreement between the co-conspirators. The conspiracy agreement need not be explicit; tacit understanding proved through a long course of conduct is enough to prove intent. Corporations can be indicted for conspiracy when its principals, shareholders, or president have engaged in a conspiratorial activity with another party. While a prosecutor must prove that one of the parties to the conspiracy agreement committed an overt crime, it is irrelevant if the named defendant in the indictment personally committed the crime. In general, the requirement of specificity for a conspiracy charge is more lenient than that for a substantive offense charge. 114 notes