Legal Definitions - conspiracy

Conspiracy is a legal term describing a situation where two or more individuals agree to commit an unlawful act, along with the specific intent to achieve that illegal goal. In most U.S. jurisdictions, it also requires that at least one of the individuals takes a concrete step—even a small one—to move the plan forward. This step is known as an overt act.

The core idea behind conspiracy is that the agreement itself, combined with the intent and often an initial action, is considered a crime, even if the main illegal act they planned never actually happens. A significant aspect of conspiracy is that all members can be held responsible not only for the agreement itself but also for any illegal actions carried out by other members of the group, as long as those actions were taken to further the conspiracy's objectives. This means someone can be held accountable for crimes they didn't directly commit but were part of the larger unlawful plan.

Here are some examples illustrating conspiracy:

• Example 1: Price-Fixing Scheme

  Two rival electronics companies, "Apex Tech" and "Quantum Devices," secretly agree to set the price of their new line of smartwatches at an artificially high level. Their goal is to prevent competition and maximize profits, knowing that consumers will have no cheaper alternatives. They then instruct their regional sales managers to implement these agreed-upon prices across all retail channels.

  How this illustrates conspiracy: This scenario involves an agreement between two entities (Apex Tech and Quantum Devices) to commit an unlawful act (price-fixing, which violates antitrust laws). Their intent is to achieve the goal of higher profits by manipulating the market. The "overt act" would be their sales managers actually implementing the agreed-upon prices. Even if no consumer has yet purchased a smartwatch at the inflated price, the secret agreement and the step taken to implement it could constitute a conspiracy.

• Example 2: Embezzlement Plan

  A company's Chief Financial Officer (CFO) and an external consultant agree to create fake invoices for consulting services that were never actually provided. The CFO approves these fraudulent invoices, and the company pays the consultant. The consultant then transfers a portion of the payment back to the CFO. They initially discussed this plan over several private meetings and exchanged encrypted messages outlining how to disguise the transactions in the company's books.

  How this illustrates conspiracy: This is a conspiracy because two individuals (the CFO and the consultant) have an agreement to commit an illegal act (embezzlement and fraud). Their intent is to unlawfully enrich themselves at the company's expense. The "overt acts" include their meetings to plan the scheme, the exchange of messages detailing how to execute it, and the creation and approval of the fake invoices. Both individuals could be held liable for the conspiracy, and for the actual fraudulent payments, even if one person primarily handled the paperwork and the other primarily received the funds.

• Example 3: Illegal Protest Disruption

  A group of environmental activists plans to illegally block the main entrance to a government building during a high-profile conference to disrupt proceedings and draw attention to their cause. They meet several times to discuss logistics, assign specific roles (e.g., who will bring banners, who will chain themselves to the doors, who will film the event), and conduct a reconnaissance visit to the building to identify security weaknesses.

  How this illustrates conspiracy: This demonstrates conspiracy because there is an agreement among two or more people to commit an unlawful act (illegally blocking a public building and disrupting a lawful event). Their intent is to achieve the goal of causing disruption for their cause. The "overt acts" include their planning meetings, assigning roles, and scouting the location. Even if law enforcement intervenes before they successfully block the entrance, the planning and preparatory steps could be sufficient to establish a conspiracy charge.