Legal Definitions - coconspirator

A coconspirator is an individual who works together with one or more other people to plan and carry out a criminal act. They are essentially partners in a criminal scheme, sharing a common goal to commit an illegal offense.

Here are some examples:

• Example 1: Embezzlement Scheme
  Sarah, a company accountant, and Mark, a senior manager, agree to divert company funds into a private bank account they control. Sarah creates fake invoices and authorizes payments, while Mark approves the fraudulent transactions and helps conceal the paper trail. Both Sarah and Mark are coconspirators because they formed a mutual agreement to commit embezzlement and actively worked together to execute their criminal plan.

• Example 2: Arson for Insurance Fraud
  David owns a struggling restaurant and conspires with Lisa, a professional arsonist, to burn down his business so he can collect insurance money. David provides Lisa with access to the building and a payment, and Lisa sets the fire. David and Lisa are coconspirators because they jointly planned and acted to commit arson with the shared criminal objective of insurance fraud.

An unindicted coconspirator is a person whom law enforcement and prosecutors identify as being part of a criminal conspiracy, but who is not formally charged (indicted) in the same legal document as their fellow conspirators. This often happens because their testimony or statements made during the conspiracy can be used as evidence against the indicted individuals, even if they aren't facing charges themselves at that moment.

Here are some examples:

• Example 1: Drug Distribution Network
  Police investigate a large drug distribution network involving several individuals, including Robert and Emily, who are eventually indicted. During the investigation, they uncover evidence that a third person, Chris, regularly stored drugs for Robert and Emily, knowing they were part of the illegal operation. However, Chris agrees to cooperate with the prosecution, providing key information against Robert and Emily. The prosecution decides not to indict Chris but names him as an unindicted coconspirator in the case against Robert and Emily. This allows Chris's statements and actions made during the conspiracy to be presented as evidence against the indicted defendants.

• Example 2: Bank Robbery Getaway Driver
  Three individuals—Michael, Jessica, and Kevin—plan a bank robbery. Michael and Jessica enter the bank, while Kevin waits in a stolen car as the getaway driver. After the robbery, Kevin is apprehended and, in exchange for a lighter sentence or immunity, provides detailed information about Michael and Jessica's roles. The prosecutor indicts Michael and Jessica for the robbery and conspiracy but identifies Kevin as an unindicted coconspirator. This designation allows the prosecution to introduce evidence of Kevin's involvement and statements made during the planning and execution of the robbery against Michael and Jessica, even though he is not formally charged in their indictment.