Conspiracy Charges Under 18 U.S.C. § 371

Elements of § 371 conspiracy

The government must prove an agreement between two or more people, an intent to join the agreement, and an overt act by at least one conspirator to effect the object of the conspiracy. The agreement does not need to be written, and the overt act can be minor — the statute's only act requirement.

The coconspirator statement rule

Fed. R. Evid. 801(d)(2)(E) provides that a statement is not hearsay if it was made by the party's coconspirator during and in furtherance of the conspiracy. This lets the government offer statements made by one defendant against another before the jury, subject to the court finding that a conspiracy existed, that the declarant and the defendant were members, and that the statement was made during and in furtherance of it.

Why the charge matters

Because conspiracy reaches the agreement itself, conduct that is preparatory to a completed offense can still be criminal. The same conduct is often charged both as a substantive offense and as conspiracy to commit it, and each conviction can carry its own sentence.

Primary sources

• 18 U.S.C. § 371 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”
• Fed. R. Evid. 801(d)(2)(E) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “(D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or (E) was made by the party's coconspirator during and in furtherance of the conspiracy.”

Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.

Related reference pages

• Federal Criminal Defense: An Overview of Statutes and Process
• Federal Criminal Investigations: Warrants, Subpoenas, and False Statements
• Federal Drug Crime Prosecutions: Statutes and Process
• Federal Fraud Offenses: Mail Fraud, Wire Fraud, and Related Statutes
• White-Collar Prosecutions: Statutes and Investigative Patterns
• Federal Sentencing: Guidelines, the Presentence Report, and 18 U.S.C. § 3553(a)
• Federal Criminal Trials: Procedure, Speedy Trial, and Burdens
• Plea Agreements in Federal Court: Rule 11 Procedure
• Pretrial Motions in Federal Criminal Cases: Rule 12