Conspiracy Charges in Oklahoma Federal Court: 18 U.S.C. § 371 Reference

Conspiracy is one of the most common federal charges in Oklahoma, frequently paired with substantive drug or fraud counts. This page records the text of the general conspiracy statute and the related provisions that govern sentencing.

The general conspiracy statute

The general federal conspiracy statute is 18 U.S.C. § 371:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense

The statute reaches two kinds of agreements: conspiracies to commit any offense against the United States, and conspiracies to defraud the United States or an agency of it. It also requires an act by one or more conspirators to effect the object of the conspiracy.

Conspiracy in drug and fraud prosecutions

Drug conspiracies are charged under 21 U.S.C. § 846, which incorporates the prohibited acts of 21 U.S.C. § 841(a):

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture , distribute, or dispense, or possess with intent to manufacture , distribute, or dispense, a controlled substance ; or (2) to create, distribute , or dispense, or possess with intent to distribute or dispense, a counterfeit substance .

Fraud conspiracies are often charged under 18 U.S.C. § 371 together with substantive counts such as 18 U.S.C. § 1001:

knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years

Sentencing exposure

Sentences for conspiracy are imposed under the framework of 18 U.S.C. § 3553(a), which requires the court to consider the nature and circumstances of the offense and the defendant’s history and characteristics:

The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training