Criminal Defense Lawyers

Federal Conspiracy

Last Updated on: 30th March 2025, 11:45 pm

FEDERAL CONSPIRACY CHARGES

Conspiracy charges can be confusing and, frankly, terrifying. We’re Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek, and we’ve seen first-hand how prosecutors in New York and beyond use these charges to wrap everyone up in a single case. This article will give you a clear understanding of what you’re facing—and how we handle it.

WHAT IS A FEDERAL CONSPIRACY?

A “conspiracy” is an agreement between two or more people to commit a federal crime, combined with an intent to carry out that crime. Under 18 U.S.C. § 371, the government only has to show:

• That at least two people genuinely agreed to break federal law, or to defraud a U.S. agency.
• That you intended to join this plan.
• That someone in the group took an overt step to further it (like meeting at a coffee shop in midtown Manhattan to plan details, or sending a text about obtaining resources).

Some federal conspiracy statutes (like drug conspiracy under 21 U.S.C. § 846) don’t even require an overt act, which makes it easier for prosecutors to prove guilt. If you’re indicted in the Southern District of New York—headquartered in Manhattan—you might see the government push hard to link you with what they call a “web” of co-conspirators across multiple boroughs. This is no joke: just agreeing to be part of the scheme, even if it never fully happened, can land you in prison.

WHY DOES THE FEDERAL GOVERNMENT LOVE CONSPIRACY CHARGES?

They’re a prosecution goldmine. With conspiracy, the government can join multiple defendants in one giant case and use the co-conspirator rule to get evidence admitted against everyone. That means if one person in Queens sends an incriminating text, it can be used against you—even if you never saw it. It’s called the Pinkerton doctrine: if a crime was committed in furtherance of the conspiracy, every member may face criminal responsibility, no matter who pulled the trigger (figuratively or literally).

In big districts like the Eastern District of New York (Brooklyn) and the Southern District (Manhattan, the Bronx, Westchester), federal prosecutors are well-funded, strategic, and relentless. They cast a wide net: you might see 10, 15, or even more co-defendants lumped into the same indictment, all facing multi-year sentences if convicted. It’s a harsh reality and they know it pressures you to take a plea deal. That’s the system you’re up against.

PENALTIES: WHY THIS IS DEADLY SERIOUS

Penalties depend on what the conspiracy is about. General conspiracy under §371 can bring up to 5 years in prison. However, if you’re dealing with narcotics (21 U.S.C. §846), you could get 10 years to life, depending on drug quantity and past convictions. White collar conspiracies involving wire fraud or securities fraud (18 U.S.C. §1349) can bring decades behind bars if the losses are high. In some extreme cases, like terrorism conspiracies or seditious conspiracies (18 U.S.C. §2384), you face up to 20 years or more. That’s not hype. People in New York have received massive sentences for conspiracies they never completed.

Remember, evidence will be thrown out if we can show the government obtained it illegally. If key recordings or seized documents go away, then the entire conspiracy case can collapse. When that happens, the prosecutor might offer a smaller charge—or dismiss entirely. This is how we fight. We explore every angle of how the FBI or DEA built its investigation.

HOW CONSPIRACY SHOWS UP LOCALLY

In places like Brooklyn (EDNY), the U.S. Attorney’s Office often uses RICO conspiracy to tackle gangs who operate across multiple neighborhoods. If someone gets shot during a drug deal in Canarsie, they can charge the entire ring with that act—arguing it was a foreseeable part of the group’s operations. In Manhattan (SDNY), conspiracy charges pop up a lot in white-collar cases, like corporate executives accused of plotting to defraud investors. We’ve seen them charge top-level CEOs in midtown skyscrapers for orchestrating elaborate Ponzi schemes. So, from Staten Island to the Bowery, conspiracies are a favorite method of prosecuting group wrongdoing.

COMMON DEFENSES

When you hire Spodek Law Group, we attack the prosecution’s story. Typical defenses include:

• No true agreement: Maybe you knew the alleged conspirators, but you never agreed to break the law. Friendship or casual contact alone isn’t enough.
• Lack of intent: Even if there was a plan, you must have joined it willingly. If you were tricked or forced, that’s a defense.
• Withdrawal: If you clearly backed out and told co-conspirators “I’m done,” or alerted law enforcement, you might reduce your liability.
• Entrapment: If undercover agents invented the scheme and pressured you into it when you otherwise wouldn’t have participated, we can raise entrapment.

STRATEGIC INSIGHT

Federal conspiracy charges can feel like an uphill battle because the standard of proof is broad. But being brutally honest: if you ignore the case, you’re screwing yourself. You need a strategic defense that identifies every weak link in the government’s chain. For example, if the prosecutor can’t prove you knew the real scope of the plan, they might have trouble establishing your “meeting of the minds.” Or if you were never present for certain alleged planning sessions, we might argue you’re being overcharged. We’re not letting them paint you as a major player if you barely participated.

HOW WE FIGHT IT

We do not tolerate excuses. When we take on your case, we start by demanding all discovery. We examine every text, phone call, wiretap, or witness statement. If the FBI used illegal wiretaps, we file a motion to suppress. Evidence will be thrown out, meaning the prosecutor has to rethink their entire case. We also look at how many people are indicted with you. Sometimes, too many defendants means the prosecution is stretching. That’s your opportunity. We negotiate aggressively for reduced charges or lesser sentences. If you were a minor participant, we push for a lesser role adjustment under the federal Sentencing Guidelines.

EXAMPLES THAT ILLUSTRATE THE STAKES

As these examples show, everyone in the alleged group faces serious punishment, not just the “big boss.” One slip-up in some group chat, and you’re part of the conspiracy. That’s why the feds love this charge—it broadens the net and nails everyone involved.

FINAL STRATEGIC ADVICE

If you’re indicted or even under investigation for conspiracy, take it seriously. Sitting around complaining about how “unfair” it is accomplishes nothing. You need an attorney who can dissect the government’s evidence, find the holes, and demand you get a fair deal—or take it to trial if the case is garbage. That’s what Spodek Law Group does. We’re prepared to stand up to the U.S. Attorney’s Office, whether you’re in Manhattan, Brooklyn, or across the country. Our approach is straightforward: show the prosecution we won’t roll over, highlight every weakness in their conspiracy theory, and push for a result that protects your future. If they still won’t budge, we’ll go to trial and make them prove every single element. Period.

REFERENCES & CITATIONS:

• 18 U.S.C. § 371 – Conspiracy to commit offense or to defraud the United States
• 21 U.S.C. § 846 – Attempt and conspiracy for drug offenses
• U.S. Attorney’s Office for the Southern District of New York
• U.S. Attorney’s Office for the Eastern District of New York

Disclaimer: This article is not legal advice and does not create an attorney-client relationship. Laws and rules change frequently. Every case is unique. For personalized guidance, contact Spodek Law Group or another qualified attorney.