5.08(A) Conspiracy — Overt Act Required is a federal criminal offense that requires two or more people to conspire to commit a crime and to take a some form of action in furtherance of that agreement. This offense is set forth in 18 U.S. Code § 371, which states that any person who conspires 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, shall be punishable for the offense. The two types of 5.08(A) Conspiracy — Overt Act Required are: 1. Conspiracy to Commit an Offense Against the United States: This offense requires two or more people to enter into an agreement to commit a crime against the United States or one of its agencies, such as fraud or theft. The agreement must be followed by an overt act in furtherance of the agreement. 2. Conspiracy to Defraud the United States: This offense requires two or more people to enter into an agreement to defraud the United States or one of its agencies, such as by engaging in a scheme to defraud the government or a government agency. As with the offense above, an overt act in furtherance of the agreement must be taken.