United States of America v. Robert Elwood Matthews

Columbus, Ohio, criminal defense lawyer represented the Defendant charged with conspiracy to distribute a controlled substance.



Under federal law, a conspiracy is an agreement between two or more people to commit a criminal act, coupled with an intent to achieve the goal. In many cases, the government must also prove that at least one member of the conspiracy took an "overt act" in furtherance of the agreement. A conviction for conspiracy does not require the underlying crime to have been completed, and a person can be charged with both the conspiracy and the crime itself.

Key elements of federal conspiracy



Agreement:

There must be an agreement between two or more people to commit an illegal act. This agreement does not have to be formal or in writing; it can be implied from the circumstances.



Intent:

The parties must intend to carry out the plan to commit the crime.

Overt act:

In many cases, an overt act—any step taken to further the conspiracy—must be proven to have been committed by one of the conspirators.

Knowledge:

The government must prove the defendant knew the essential features and general aims of the venture and intended to commit the underlying crime.



Important considerations



Liability for others:

Conspirators can be held accountable for crimes committed by other members of the conspiracy to further its goals, even if they were not directly involved in those specific acts.



Distinct from the crime:

A conspiracy charge is separate from the underlying crime. An individual can be prosecuted for both, and the penalties can be severe.

Federal crimes:

A conspiracy can be charged for a wide variety of underlying federal offenses, such as fraud, drug trafficking, or violating civil rights.

The Defendant was sentenced to 60 months imprisonment minus time served. 5 years Supervised Release. Forfeiture Ordered. $100 special assessment..