Maine Conspiracy is a federal criminal offense defined by 18 U.S.C. Sec. 371 and 21 U.S.C. Sec. 846. The offense is typically committed when two or more persons conspire to commit a crime or to defraud the United States. It is also referred to as a conspiracy to defraud the United States. The specific types of Maine Conspiracy are conspiracy to commit an offense against the United States, conspiracy to defraud the United States, and conspiracy to commit any act to defraud the United States. The penalty for conviction of a Maine Conspiracy charge can be up to five years in prison and/or a fine of up to $250,000.
Maine Conspiracy, 18 U.S.C. Sec. 371; 21 U.S.C. Sec. 846
State:
Maine
Control #:
ME-FEDDC-JURY-4-18-371-1
Format:
Word
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Description
Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions
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FAQ
As a felony, violation of 18 U.S.C. § 371 carries a fine or imprisonment for up to five years. However, if the offense which is the subject of the conspiracy is charged as a misdemeanor, the punishment for the conspiracy cannot exceed the maximum punishment for the misdemeanor.
To "convict someone under the 'defraud clause' of 18 U.S.C. § 371, the government need only show (1) he entered into an agreement (2) to obstruct a lawful function of the government (3) by deceitful or dishonest means and (4) at least one overt act in furtherance of the conspiracy." Id.; United States v.
To "convict someone under the 'defraud clause' of 18 U.S.C. § 371, the government need only show (1) he entered into an agreement (2) to obstruct a lawful function of the government (3) by deceitful or dishonest means and (4) at least one overt act in furtherance of the conspiracy." Id.; United States v.
Section 846 of Title 21 prohibits conspiracies and attempts to violate any substantive offense established by Subchapter I of Title 21 ("Control and Enforcement")?in other words, Section 846 makes it a crime to conspire to violate or attempt to violate any substantive offense set forth in 21 U.S.C. §§ 801-904.
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "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.
As a felony, violation of 18 U.S.C. § 371 carries a fine or imprisonment for up to five years. However, if the offense which is the subject of the conspiracy is charged as a misdemeanor, the punishment for the conspiracy cannot exceed the maximum punishment for the misdemeanor.
Under 18 U.S.C. 371, a conviction of conspiracy can result in a maximum of 5 years in prison per count and fines up to $250,000, regardless of whether the plot succeeded. The penalty for conviction under 18 U.S.C. 1349 could be significantly less or more, depending on the underlying crime you're charged with.