The federal conspiracy statute punishes a conspiracy conviction with up to five years imprisonment and fines. It is commonly charged when two or more offenders act in tandem, and a person can be convicted if a person not party to the conspirators is injured as a result of the civil conspiracy. Civil conspiracy cannot be brought as a civil action, but if two or more persons in any State or Territory conspire to deter any party or witness from attending a court, a civil conspiracy claim can be made.
Conspiration can arise from anything the conspirators are not lawfully entitled to do, but there must be a sufficient connection between the acts carried. If the concerted act of the defendants has caused loss or damage to the claimant, no conspiracy claim can be made. To defend a conspiracy claim, one must allege facts that show the conspirators made an agreement to violate their rights by a “meeting of the minds”.
Conspiration is not a cause of action but a legal doctrine that imposes liability on persons who share with the conspiracy. Most states do not consider civil conspiracy as a cause of action. Conspiracy is a continuing offense, and the statute of limitations applies to statutes such as 18 USC § 371, which require an overt act in furtherance of the conspiracy.
In summary, the federal conspiracy statute punishes individuals who conspire to deprive a third party of legal rights or deceive a third party.
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