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How White-Collar Conspiracy Charges Work
How White-Collar Conspiracy Charges Work
In the federal court system, one of the most common charges is conspiracy. The charge is so common because the language surrounding it is very broad. It can be invoked in any situation where two people agreed to commit a federal crime, and at least one of them worked to make the crime happen. Even if the plan to commit the crime was not fully executed, a conspiracy charge can still be leveled. Conspiracy charges can occur alongside nearly any other federal charge across a variety of different circumstances. One common area in which they’re used is in white-collar crimes.
White-collar cases are more likely to include conspiracy charges than any other case. It is difficult to defraud the US government while working by yourself. Most of the time, at least two players need to be involved to successfully pull off the endeavor. It’s also common for more than two people to be involved in a conspiracy. Not everyone involved will necessarily have the same amount of wrongdoing. Some conspiracies may involve just one “mastermind” who manipulates others into carrying out parts of the plan.
Conspiracy charges can also be leveled in state courts. However, the exact language surrounding them varies depending on the state.
If you or someone you know has been charged with federal conspiracy, it’s important to have an experienced federal defense lawyer. State lawyers are not familiar with the procedures used in federal court, and they don’t know how to interact with federal law enforcement officials.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
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I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
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This is a basic explanation of how federal conspiracies work.
With a general conspiracy charge, the government must prove that at least two people agreed to commit a certain crime. They must also prove that at least one of the involved parties furthered the plan to commit the crime. But because that language is so broad, it can be difficult to understand without examples.
An Example of White-Collar Conspiracy
This example involves two hypothetical people who work in the healthcare sector: Stephanie and Joe. The doctor’s office they’re employed at often treats patients who use Medicare. Medicare is a federally funded healthcare program that covers the costs of subscribers’ healthcare treatment. Because the program uses federal tax funding, defrauding it is a federal crime against the US government.
Stephanie makes a plan to submit fraudulent vouchers that say they’ve treated patients who never actually came to the clinic. This will allow her, and possibly other members of the clinic, to be reimbursed for work they did not do. She tells Joe about her plan and asks him to make her a list of patients that they can pretend to have treated. He complies.
Now, maybe Stephanie never submits any of the false vouchers. Maybe she accepts a better job offer or inherits a large sum of money from distant relatives. She loses interest in using crime to increase her bank account. No fraud has technically been committed by Stephanie or Joe.
But as far as the law is concerned, the actions have met the criteria for a federal conspiracy charge. Two people conspired to defraud the US government, in this case by obtaining fraudulent Medicare compensation. Joe made a list of individuals that they could use to create their false vouchers. Even though no false vouchers were ever created, much less submitted, this means that actions were taken to further the conspiracy. Both Stephanie and Joe could be convicted of a conspiracy to commit healthcare fraud.
This gives you a basic understanding about how conspiracy statutes are interpreted in federal court. There are some other things to know as well.
Non-Explicit Agreement Still Counts
There are some conspiracy cases in which federal prosecutors have been able to show direct evidence of conspiracy. People may have written their intentions down in text messages, emails, or letters. But there doesn’t need to be evidence of an explicit agreement in writing or audio recording. Prosecutors can also use circumstantial evidence to prove that two people had an agreement.
This can cause problems for people accused of conspiracy, especially when they didn’t actually commit the crime. Prosecutors may use circumstantial evidence to draw indirect conclusions. In some court cases, the jury has been allowed to rule based purely on whether the two involved parties knew each other. If they’re coworkers, of course they know each other.
Legal Overt Acts
In legal terms, the steps taken to further the conspiracy are called “overt acts.” It’s important to note that an overt act can be legal. No crime needs to be committed. All that needs to be done is something that moves the criminal plan closer to completion.
Joe’s choice to compile names of patients is not overtly illegal. But since it was done to further a fraud conspiracy, it can be part of the charge.