Also known as: co-conspirator · coconspirator · coconspirators · co-conspirator's · conspirator
Written by attorneys · grounded in primary & secondary sources — see below
Participants in an agreement to commit a crime who each actually intend to carry out the unlawful objective. The agreement must reflect a genuine shared criminal purpose between at least two persons. Statements by one participant made during and in furtherance of the agreement are admissible against the others under the Federal Rules of Evidence.
Charlotte Chung approached Cynthia Cortez with a plan to falsify loan documents at Continental Bank. Cortez nodded and discussed details but secretly intended only to gather evidence for authorities and never meant to carry out the scheme. Because Cortez lacked genuine intent to commit the crime, Chung cannot be convicted of conspiracy.
Craig Caldwell and Cade Carpenter agreed to divert funds from Cobalt Energy accounts. While executing the plan, Carpenter texted a supplier about falsifying invoices to conceal the transfers. The court admits the text against Caldwell because it was made by a coconspirator during and in furtherance of the agreement.
Select any source to read its text and confirm it supports the definition.
Corinne Cho and Chloe Chen formed an agreement to submit false insurance claims through Canyon Construction. Chen later attempted to withdraw before any claims were filed. The conspiracy charge against both stands because the offense was complete upon formation of the agreement.
Continental Bank alleged that Cypress Technologies and Cobalt Energy coordinated to allocate customers without providing specific facts showing an actual agreement. The complaint is dismissed because bare assertions of parallel conduct do not establish the existence of co-conspirators acting together.
Craig Caldwell challenged a search of a warehouse used by his alleged co-conspirators at Canyon Construction. The motion is denied because Caldwell must demonstrate his own reasonable expectation of privacy rather than relying on the rights of other participants in the scheme.
Charlotte Chung participated in an agreement with Cynthia Cortez to commit insurance fraud but later withdrew and notified authorities. Chung remains guilty of the original conspiracy but faces no liability for acts by Cortez after the withdrawal date.
Yes. At common law a conspiracy requires at least two participants who genuinely share the criminal objective. When one party feigns agreement without true intent, no conspiracy exists for the other participant.
Supporting sources
A statement is admissible if made by a coconspirator during and in furtherance of the conspiracy. The court determines by a preponderance of the evidence that the conspiracy existed and that the declarant and the party against whom the statement is offered participated in it.
Supporting sources
No. At common law the offense is complete once the parties form the unlawful agreement and any required overt act occurs. Withdrawal does not provide a defense to the completed conspiracy though it may limit liability for later acts by others.
Supporting sources
…Georgia wishes to supply a substantial incentive to those engaged in robbery to leave their guns at home and to persuade their co-conspirators to do the same in the hope that fewer victims of robberies will be killed. [^maj-11]: Petitioner states several times without citation that the only cases considered by the Georgia Supreme…