Federal Criminal Appeals

Federal Conspiracy Charges

Have you or someone you know been charged with a conspiracy?  You may be wondering exactly what that means.  What is a conspiracy?

A conspiracy is a group of people with a common objective, such as trafficking in illegal drugs.  All that is necessary for any 'member' to be charged with conspiracy is for any member to commit an act that furthers the goals of the conspiracy.  That act need not be, although it often is, illegal.

If you're scratching your head at this point, that is quite understandable.  Conspiracy charges are often brought at the federal level against alleged drug dealers.  How did that get started?

Major drug traffickers were and still are well insulated against law enforcement efforts to make a case against them.  Conspiracy was at first mostly used to 'get' at these big fish.  Nowadays, however, little fish are often charged with conspiracy as well as possession with intent to distribute, and it adds a lot of prison time to a sentence.

Is an alleged dealer part of a conspiracy even if all he or she does is buy once, buy a few times, or buy on a regular basis but also buy from others?

The answer nationwide depends on what Circuit Court you're in.  In the Second Circuit, the evolving answer seems to be that even relatively slight trafficking contacts with an alleged drug trafficking conspiracy makes you a member.

I believe that this is inappropriate and against the U.S. Constitution which forbids harsh and excessive punishment.  What do you think?

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