Legal Definitions - conspirator

A conspirator is an individual who is part of a conspiracy. A conspiracy is essentially an agreement between two or more people to commit an illegal act. For someone to be considered a conspirator, they must have knowingly agreed to participate in the criminal plan, even if their role is minor or they don't personally carry out the main crime.

Being a conspirator carries significant legal implications:

• They can be charged with the crime of "conspiracy" itself, which is a separate offense from the intended illegal act.
• They can also be held legally responsible for the crimes committed by their co-conspirators, even if they did not directly commit those specific acts, provided those acts were done in furtherance of the agreed-upon criminal plan.
• The agreement to conspire does not need to be formal or written; it can be implied by the actions and communications between the individuals involved.

Here are some examples illustrating the concept of a conspirator:

• Example 1: Insurance Fraud Scheme

  Scenario: Two business partners, Alex and Ben, agree to inflate the value of damaged inventory after a small fire, planning to submit a fraudulent claim to their insurance company. Alex creates the falsified inventory lists, while Ben handles the submission of the claim forms. Both are aware of and agree to the deception.

  Explanation: Both Alex and Ben are conspirators. They formed an agreement to commit insurance fraud, which is an illegal act. Even though Alex's role was creating documents and Ben's was submitting them, their shared understanding and participation in the scheme makes them both conspirators in the fraud.

• Example 2: Warehouse Burglary

  Scenario: Three friends, Carla, David, and Emily, plan to break into a closed electronics warehouse to steal valuable equipment. Carla agrees to drive the getaway vehicle, David agrees to disable the security cameras, and Emily agrees to enter the warehouse and collect the items. During the burglary, Emily also damages some property inside the warehouse.

  Explanation: Carla, David, and Emily are all conspirators. They each agreed to participate in the illegal act of burglary. Even Carla, who only drove the car, and David, who only disabled cameras, are considered conspirators because they were part of the initial agreement. Furthermore, they could potentially be held responsible for the additional crime of property damage committed by Emily, as it occurred during the execution of their shared criminal plan.

• Example 3: Counterfeit Goods Operation

  Scenario: A group of individuals, including Fiona and George, agree to manufacture and sell counterfeit designer handbags. Fiona is responsible for sourcing the materials, and George manages the online sales platform. Unbeknownst to Fiona, George also bribes a shipping clerk to ensure the packages bypass customs checks more easily.

  Explanation: Fiona and George are both conspirators in the scheme to produce and sell counterfeit goods because they agreed to and participated in this illegal activity. Even though Fiona was unaware of George's specific act of bribery, she could still be held liable for that additional crime if it was committed by George in furtherance of their shared conspiracy to distribute the counterfeit items.