Conspiracy charges
A conspiracy charge means the prosecution says you agreed with at least one other person to commit a crime. The case is about the agreement, not only about what was done. Conspiracy is common in federal drug, fraud and money cases, often with many people named in one indictment.
What the charge means
A conspiracy charge is about an agreement. The prosecution focuses on whether you joined the agreement, not only on what you personally did. Which statute is charged decides what else must be shown. Evidence often comes from other people's words: recorded calls, texts, and testimony from someone who is cooperating with the government.
Federal court
Federal law has more than one conspiracy statute, and they are not the same:
- The general conspiracy statute, 18 U.S.C. § 371, covers two or more persons agreeing to commit an offense against the United States or to defraud it, plus at least one act by one of them to carry out the agreement [1]. See also fraud charges.
- Drug conspiracy has its own statute, 21 U.S.C. § 846 [2], and the Supreme Court has held that it does not require proof of an overt act [3]. See drug charges.
- Money laundering conspiracy is charged under 18 U.S.C. § 1956(h) [4], which also does not require proof of an overt act [5]. See money laundering.
Your lawyer reads which statute the indictment uses, because it changes what the prosecution must prove.
State courts in New York, New Jersey, Florida and Pennsylvania have their own conspiracy laws. If your case is in state court, call us and your lawyer will read the exact charge with you.
What to do now
- Do not talk to agents, and do not talk about the case with anyone else named in it.
- Assume calls, texts and jail calls may be recorded or read.
- Do not delete messages or accounts. Ask your lawyer first.
- If you received a target letter or a subpoena, bring it to your lawyer.
For the steps ahead, use What happens next or the federal court page.
Common questions
I barely knew the others in the indictment. Why am I charged with them?
Conspiracy cases often group many people together. How much you knew and agreed to is a key question; talk it through with your lawyer, not with the others.
Someone in the case wants to talk to me. Should I?
No. Do not discuss the case with anyone else charged or involved. Any of them may be cooperating, and the conversation may be recorded.
Sources
- 18 U.S.C. § 371. Current as of November 11, 2026. Official text
- 21 U.S.C. § 846. Current as of November 12, 2026. Official text
- United States v. Shabani, 513 U.S. 10 (1994). Current as of November 12, 2026. Official text
- 18 U.S.C. § 1956(h). Current as of November 12, 2026. Official text
- Whitfield v. United States, 543 U.S. 209 (2005). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.