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The Role Of An Overt Act In A Federal Conspiracy Conviction
posted on 2/20/24

You are not a criminal. But, even so, a federal conspiracy conviction can, and will, lead to the legal system treating you like one.

Going over the importance of overt acts in being convicted of a federal conspiracy and speaking with a federal criminal defense attorney who will protect your innocence allows you to obtain the best possible legal outcome.

What Is A Conspiracy?

A conspiracy is an agreement between two people to commit an illegal act. 

Just as an example, if two people agree to commit healthcare fraud, then that would be a conspiracy.

But that’s not all: a conspiracy must also be furthered by a genuine intent to actually commit this illegal act, coupled with an overt act that furthers this agreement.

Regarding the latter, if two people agree to commit healthcare fraud and then set up a new billing system so that they can double bill, then that would be considered an overt act.

Given the facts outlined above, a federal conspiracy is just a regular conspiracy but, this time, rooted in an agreement to commit an offense in violation of the United States code.

As an example of the above, if two people agree to commit healthcare fraud by defrauding a federal healthcare program, then that would be considered a federal conspiracy.

What Is The Role Of An Overt Act In A Federal Conspiracy Conviction?

Every conspiracy is rooted in an overt act that furthers the conspiracy.

If there was no overt act, then a federal conspiracy conviction cannot occur, for that overt act is essential.

Just as an example, if two people agree to commit federal healthcare fraud but never do anything to further this conspiracy, then neither individual can be charged with a federal conspiracy, much less convicted of one.

On the other hand, if an overt act is taken, then, even if no act of federal healthcare fraud ever actually occurred, the people involved can be charged and convicted of a federal healthcare fraud conspiracy.

How Can You Prove That You Did Not Commit An Overt Act?

Right away, the first thing you must do to prove that you did not commit an overt act is speak with an attorney.

You are not a criminal, and an attorney will recognize that fact and then work with the evidence regarding your case to demonstrate your innocence.

Outside of that, the next thing you must do is go over the evidence that is being used against you.

If there are holes in this evidence, then you must clarify those holes and then use them to build a defense.

Right after that, you must also identify the events that took place and go over why and how an overt act never occurred and, as such, why the federal conspiracy charge is baseless.

If you can do those things – and, above all else, listen to your attorney – then you will be able to demonstrate your innocence.

Get Qualified Legal Help Today

If you need representation for a federal conspiracy charge, Glasgow & Olsson is uniquely qualified to help. 

When you need an attorney, experience matters. 

Speak with one of our federal criminal defense lawyers at Glasgow & Olsson today to learn how our experience can get you the results you deserve.