
Investigative Article
Conspiracy to defraud the United States is a federal crime punishable under 18 U.S.C § 371. The law prohibits any person from conspiring to commit any offense against the United States or to defraud the government of the United States. This law is broad and covers a wide range of illegal activities such as tax evasion, bribery, and money laundering, among others.
What is Conspiracy to Defraud the United States?
Conspiracy to defraud the United States refers to a situation where two or more persons agree to commit an illegal act against the government of the United States. The illegal act can be an offense against the government or a plan to defraud the government in some way.
How Does the Law Define Conspiracy?
Under federal law, conspiracy occurs when two or more individuals agree to commit an illegal act. The agreement does not need to be formal or written down, and the participants do not have to know each other personally. All that is required is that the individuals agree to work together to commit a crime, and at least one of them takes some action towards that goal.
How Can You Defraud the US?
There are many ways to defraud the government of the United States. One common way is to submit false claims to a government agency to collect benefits or payments to which you are not entitled. Another way is to use false statements or documents to obtain government contracts or loans. Tax fraud, bribery, and money laundering are some other examples of defrauding the government.
What are the Possible Penalties?
The penalties for conspiracy to defraud the United States can be severe. A person found guilty of this offense can face up to five years in prison and a fine of up to $250,000. If the offense involves a financial institution, the maximum fine can be increased to $1,000,000, and the maximum prison sentence can be increased to 30 years.
Frequently Asked Questions
1. Can a person be convicted of conspiracy if the underlying offense does not occur?
Yes. The law does not require that the underlying offense actually occurs for a person to be convicted of conspiracy. The fact that two or more individuals agreed to commit a crime is enough to establish the crime of conspiracy.
2. Are there any defenses to conspiracy?
Yes. A person can raise several defenses against the charge of conspiracy, including lack of intent, duress, and entrapment, among others.
3. What is the statute of limitations for conspiracy to defraud the United States?
The statute of limitations for this offense is five years from the date of the last overt act committed in furtherance of the conspiracy.
Recent Arizona Case Involving Federal Conspiracy to Defraud
In June 2021, a federal grand jury in Arizona indicted 14 people for conspiracy to defraud the United States. According to the indictment, the defendants conspired to file false tax returns using stolen identities to claim fraudulent tax refunds from the government.
The indictment alleges that the defendants used various methods to obtain personal information such as names, dates of birth, and Social Security numbers of unsuspecting individuals. They then used the stolen identities to file tax returns claiming fake deductions and credits to inflate the amount of the refunds they received.
If convicted, the defendants face up to five years in prison and a fine of up to $250,000.
How a Federal Criminal Defense Attorney Can Help
If you are facing charges of conspiracy to defraud the United States, it is essential to seek legal representation from a qualified federal criminal defense attorney. An experienced attorney can help you understand the charges against you, evaluate your legal options, and develop a strong defense strategy to protect your rights and interests.
With proper legal representation, you can fight the charges against you and work towards a positive outcome in your case.
Conspiracy to defraud the United States is a serious offense that can result in severe penalties. If you are facing charges of this nature, it is essential to take them seriously and seek the advice of a qualified attorney.
For more information about conspiracy to defraud the United States, contact Kolsrud Law Offices today.
Conspiracy to Defraud the United States-
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