Federal conspiracy charges

What is a conspiracy charge?

A criminal conspiracy is an agreement between two or more people to break the law. The Supreme Court has said that the essence of a conspiracy is "an agreement to commit an unlawful act," and that the agreement can be punished whether or not the planned crime ever happens (United States v. Jimenez Recio, 537 U.S. 270 (2003)). That makes the federal meaning of conspiracy a crime of its own, separate from the crime the group planned.

The general federal conspiracy law is 18 U.S.C. § 371. It has two parts, often called prongs:

• Conspiracy to commit an offense. Agreeing to commit any federal crime, such as wire fraud, bribery or a gun offense.
• Conspiracy to defraud the United States. Agreeing to cheat a federal agency. The Supreme Court has read this to mean mainly cheating the government out of money or property, but also interfering with or obstructing one of its lawful functions "by deceit, craft or trickery, or at least by means that are dishonest" (Hammerschmidt v. United States, 265 U.S. 182 (1924)). No separate crime has to be the goal. Tax cases are a common example.

Under § 371, the government must prove each of these things beyond a reasonable doubt:

• An agreement. Two or more people agreed to commit a federal crime or to defraud the United States. Prosecutors often try to prove the agreement with circumstantial evidence, such as how people acted together.
• Knowing and voluntary joining. The person knew what the agreement was about and chose to join it. The government has to prove an agreement, not just presence, family ties or knowledge of the plan.
• An overt act. At least one member did something to carry out the plan (§ 371). The act can be done by any single member and "need not be itself a crime" (Braverman v. United States, 317 U.S. 49 (1942)).

Is conspiracy a felony, and what are the penalties?

• § 371: up to 5 years and a fine. If the goal was only a misdemeanor, the punishment cannot exceed the maximum for that misdemeanor (18 U.S.C. § 371).
• Felony class: a 5-year maximum makes a § 371 conspiracy a Class D felony (18 U.S.C. § 3559(a)). A conspiracy whose goal was only a misdemeanor is punished as that misdemeanor.
• §§ 1349, 846 and 1956(h): the same penalties as the planned crime. A drug conspiracy carries the same mandatory minimums as the drug crime itself (21 U.S.C. § 846).
• Fine: for an individual, up to $250,000 per felony count, or up to twice the gross gain or twice the gross loss, whichever is greater (18 U.S.C. § 3571(b), (d)).
• Supervised release: up to 3 years for a § 371 felony (18 U.S.C. § 3583(b)).
• Separate counts: a conspiracy and the crime it planned are "separate and distinct offenses" (Pinkerton), so a person can be charged with both.

How does sentencing work for this charge?

Appendix A of the Guidelines Manual lists several guidelines for § 371: §2X1.1 for most conspiracies, and specific guidelines for some kinds, such as §2C1.1 for conspiracy to defraud by interfering with government functions, §2T1.9 for tax conspiracies and §2A1.5 for conspiracy to commit murder. Under USSG §2X1.1, the court starts from the guideline for the planned crime, then takes 3 levels off for a conspiracy unless the members had done, or were about to do, everything needed to complete it.

The statutory maximum still caps the sentence. Under § 371 that cap is 5 years per count, whatever the guideline range. For how conspiracy sentences are worked out, see What is the possible sentence for a federal conspiracy charge? at Sentencing.net.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see What is the possible sentence for a federal conspiracy charge? at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 371

How do these cases usually start and move?

Conspiracy cases are usually built over time with wiretaps, informants, undercover agents, phone and bank records, and messages pulled from seized devices. Many cases have several defendants charged in one indictment.

Co-defendants often plead guilty and agree to testify. Their statements can shape how the government sees everyone else's role, so early review of the discovery matters. For what to do at each stage, see facing federal charges.

Many people first learn they are part of a conspiracy investigation from a target letter or a grand jury subpoena.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment; a "subject" is anyone whose conduct is within the scope of the grand jury's investigation (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Was there an agreement? Working near people who broke the law, buying from them or being related to them is not the same as agreeing with them.
• Did the person know the goal? The government must show the person knew what the agreement was about and chose to join.
• One conspiracy or several? If the evidence shows separate groups, the indictment may not match the proof.
• The overt act. Under § 371, did a member actually take a step to carry out the plan within the time limit?
• Withdrawal and time limits. Did the person take affirmative steps to leave, and when? Withdrawal more than 5 years before the indictment can matter a great deal.
• Pinkerton limits. Was a co-conspirator's crime really in furtherance of the agreement, within its scope and reasonably foreseeable?
• Co-conspirator statements. Did the government lay the foundation Rule 801(d)(2)(E) requires? Are cooperating witnesses believable?
• Which statute. Was the case charged under § 371 or under a statute with a much higher maximum, and does the proof fit it?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.