The general federal conspiracy statute 18 U.S.C. § 371 requires the government to prove that the defendant committed an overt act in furtherance of the conspiracy. The Supreme Court holds that the statute of limitations begins to run on the date of the last overt act. However, some conspiracy statutes do not require proof of an overt act. An example of that are RICO statutes 18 U.S.C. § 1961 or 21 U.S.C. § 846.  In RICO criminal prosecutions the statute requires the government to charge and prove that the conspiracy continued into the limitations period. In that case, it is important to assess the scope of the conspiracy, particularly whether the agreement to commit the crime continued until the crime has been committed or the defendant withdrew from the conspiracy. If the defendant withdraws from the conspiracy, that automatically sets off the clock on the statute of limitations.

How does one withdraw from a federal conspiracy? Federal courts normally require that the conspirator takes some affirmative action to that end. For example, informing law enforcement would be considered a withdrawal from a conspiracy. Another example would be openly  and clearly informing other conspirators of one’s wish not to participate in the conspiracy.

Conspiracy is one of the most commonly charged crimes in Long Island federal courts. If you need a consultation with a federal criminal lawyer in Long Island, call us at (516)204-7611.