Also known as: colludes · colluded · colluding · collusion · collusions · collusive · collusively · conspiracy · concerted action
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between two or more persons to commit an unlawful act or to achieve a lawful objective through unlawful means. The agreement itself supplies the culpable act at common law and requires mutual intent that the objective be accomplished.
Clifford Cox and Carlos Castillo agree that Cox will transfer assets to Castillo to shield them from an impending judgment. They exchange emails outlining the transfer and the intent to hinder collection. The agreement alone completes the conspiracy even without any transfer occurring.
Craig Caldwell tells a supplier that Central Dynamics and Crown Pharmaceuticals have fixed prices on medical devices. The statement occurs while the pricing arrangement is active and advances the shared plan. The court admits the statement against both firms under the co-conspirator rule.
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Cypress Technologies and Coastal Shipping instruct their managers to coordinate bids on a government contract. Each firm acts with the conscious objective of securing the contract through the coordinated submission. The purposeful coordination satisfies the mental state for conspiracy liability.
Charles Cunningham and Christine Castro reach an understanding that Cunningham will file false invoices on behalf of both. No invoice is ever submitted. The mutual understanding alone constitutes the completed offense under traditional common-law rules.
Cody Callahan agrees with one supplier to inflate component prices. Callahan knows the supplier has identical arrangements with two other manufacturers. Callahan becomes liable for conspiring with all three even without knowing their identities.
Central Dynamics and Crown Pharmaceuticals agree to submit false regulatory filings. After the filings are accepted and the substantive fraud is complete, the inchoate conspiracy merges into the completed felony. Separate conspiracy charges are barred.
At common law the agreement alone supplies the actus reus. No additional overt act need be shown or alleged.
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Factual impossibility is not a defense. The agreement and shared intent remain sufficient even if external facts prevent completion of the planned crime.
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No. A conspirator who knows that others are involved in the same criminal objective is liable for the entire conspiracy regardless of whether those others are identified.
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At common law the inchoate conspiracy merges into the completed felony once the principal offense is accomplished, preventing separate punishment for the agreement alone.
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…March 1, 1974, a grand jury returned an indictment charging seven named individuals with various offenses, including conspiracy to defraud the United States and to obstruct justice. Although not designated in the indictment, the grand jury named the President among others as an unindicted co-conspirator. On April…