Many crimes come with a statute of limitations that prevents someone from being charged with a crime after a certain amount of time has passed.
Just as you might assume, one of the crimes that comes with a statute of limitations is a federal conspiracy.
Going over the current statute of limitations for a federal conspiracy charge and speaking with a federal criminal defense attorney who can help you exercise your rights will allow you to protect your innocence.
What Is A Federal Conspiracy Charge?
A federal conspiracy is an agreement between two or more people to:
- Commit a particular offense against the United States.
- Defraud the United States and/or its agencies.
Just as an example, if two people agree to defraud a federal healthcare agency, then they can be charged with a federal conspiracy.
Or, more specifically, those two people can be charged with a federal conspiracy so long as at least one of them makes an act that furthers the conspiracy.
Regarding the above, if one of the two people involved in this federal healthcare conspiracy starts filing false invoices, then that is considered an overt act, which can lead to a federal conspiracy charge.
On the other hand, if neither of those two individuals makes an overt act and merely agrees to it without further action, then neither of them can be charged with a federal conspiracy charge.
What Is The Statute Of Limitations For A Federal Conspiracy Charge?
The statute of limitations for a federal conspiracy charge is five years.
Or, at least, that’s the basic idea. But, there is one key fact that complicates things: conspiracy is considered a continuing offense.
If a person is involved in a conspiracy, then the statute of limitations can only end if that conspiracy is withdrawn from or the underlying goal of the conspiracy is achieved.
“Withdrawal,” as per this context, means that the conspirator communicates their dissociation to the other conspirators or clarifies that they have done so to the authorities.
On the other hand, if a person never achieves the goal of their conspiracy and never abandons or withdraws from it, then the statute of limitations cannot begin.
Even though the above is true, If the two people outlined in the previous section have not committed an overt act that furthers their conspiracy within five years, then it is unlikely that they will be charged with a federal conspiracy.
The basis for the statute of limitations is governed by what’s referred to as the last act in the continuing conspiracy.
A last act can be nearly anything. Something as seemingly innocuous as a phone call or as serious as a murder can be considered a “last act.”
However, that statute of limitations will be governed by the underlying basis of the conspiracy, so five years is not always a hard and fast rule for each and every conspiracy.
Many conspiracies come with other crimes – fraud, for example – that have their own statute of limitations.
If an individual is found guilty of these acts as a result of their conspiracy, then even though they may not be charged with a conspiracy, they may be charged and sentenced for the commission of those crimes.
Outside of the above, it is also worth noting that while this five-year statute of limitations is common, there are other federal conspiracy statutes. And some of them have their own unique statute limitations or have no statute of limitations.
It is important to consult with a knowledgeable attorney to discuss these various time limitations.
As an example of the above, if two people conspire to violate the mail fraud statutes that govern the United States, then the statute of limitations is actually ten years, as opposed to five.
If you are not sure whether or not the statute of limitations regarding a federal conspiracy has passed, it is always wise to speak with an attorney who can clarify these facts for you.
How Can You Defend Yourself From A Federal Conspiracy Charge?
The best defenses you can employ if charged with a federal conspiracy are as follows:
- You never agreed to the conspiracy.
- You never committed an act to further the conspiracy.
- You took an overt act over five/ten years ago.
Every single one of these defenses can be used to protect your innocence.
Get Qualified Legal Help
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 a federal criminal defense lawyer to learn how our experience can get you the results you deserve.