Also known as: of counsel
Written by attorneys · grounded in primary & secondary sources — see below
Advice or counsel given to another to commit a crime.
Select any source to read its text and confirm it supports the definition.
Dominic Drake told Daniel Diaz to alter shipping logs at Drake Logistics to conceal inventory shortages. The advice supplied the mental element needed to establish Drake's liability as one who counseled the offense. Diaz later followed the suggestion and both faced charges.
Deborah Dunn urged Destiny Davis to stage a minor collision and submit a false insurance claim. Dunn's words constituted de consilio because they were given with intent that the crime be committed. Davis carried out the plan and both were prosecuted.
Dustin Donovan advised Diego Duarte to hide documents subpoenaed in a fraud investigation. The conversation supplied the advice element that later supported a charge of counseling obstruction. Duarte followed the direction and both were indicted.
Delta Dynamics' manager told a subordinate to lie during a regulatory audit about safety testing. The instruction amounted to de consilio and exposed the manager to liability for counseling perjury. The employee complied and authorities pursued both.
Duffy Construction's officer directed a project manager to submit false safety certifications to regulators. That direction constituted de consilio and formed the basis for charging the officer with counseling the regulatory crime. The manager proceeded and both faced penalties.
Decker Electronics' controller advised the CFO to underreport income on quarterly filings. The advice met the definition of de consilio and supported a conspiracy count against the controller. The CFO implemented the plan and federal charges followed.
The phrase requires proof that advice was given with the specific intent that a crime be committed and that the advice was in fact followed or attempted.
…by the use of perjured testimony known by the prosecution to be such,[^maj-17] or without the effective assistance of counsel,[^maj-18] have also been held to be exertions of state authority in conflict with the fundamental rights protected by the Fourteenth Amendment. But the examples of state judicial action…