Criminal Conspiracy And Organized Crime Prosecutions
1. Criminal Conspiracy
Definition
Criminal conspiracy is an agreement between two or more persons to commit an illegal act or to achieve a legal end by illegal means. The focus is on the agreement, not necessarily on the completion of the criminal act.
Key Elements:
Agreement: Two or more persons must agree to commit a crime.
Intent: The parties must intend to commit the crime.
Overt Act (in some jurisdictions): At least one party must take some action toward the completion of the crime (e.g., under U.S. federal law, 18 U.S.C. § 371 requires an overt act).
Example from case law:
R v. Sholay Singh (India, hypothetical for illustration) – The court held that mere preparation is not sufficient, but the agreement with intent to commit a criminal act is enough for conspiracy.
United States v. Jimenez Recio (2003) – The U.S. Supreme Court held that the government must prove the existence of an agreement and that the defendant knowingly joined it.
Types of Conspiracy
Criminal Conspiracy – agreement to commit an illegal act.
Civil Conspiracy – agreement to commit a tort (not a crime) – usually outside the criminal law.
Bilateral vs. Unilateral Conspiracy:
Bilateral: Requires at least two parties agreeing to commit the crime.
Unilateral: Some jurisdictions (like the U.S.) allow a person to be guilty even if the other party feigns agreement.
Defenses to Conspiracy
Withdrawal from the agreement (if timely and prevents the crime)
Lack of intent
No overt act (in jurisdictions requiring it)
Relevant Case Law
State v. Ulvinen, 307 N.W.2d 44 (Minn. 1981) – Conspiracy requires an agreement and intent; mere knowledge of a crime isn’t enough.
People v. Lauria (New York, 1990s) – Participation in planning, even without committing the ultimate crime, can establish conspiracy.
R v. Anderson (UK, 1986) – Confirmed that conspiracy can exist even if the planned crime is never carried out, as long as there was an agreement to commit it.
2. Organized Crime Prosecution
Definition
Organized crime refers to structured groups systematically engaged in illegal activities for profit. Prosecution focuses on patterns of criminal activity rather than isolated acts.
Legal Frameworks:
U.S.: Racketeer Influenced and Corrupt Organizations Act (RICO, 18 U.S.C. § 1961–1968)
India: Prevention of Money Laundering Act (PMLA), Unlawful Activities (Prevention) Act (UAPA)
UK: Serious Organized Crime and Police Act (SOCPA) 2005
Key Elements under RICO (U.S.)
Conduct of an enterprise
Through a pattern of racketeering activity (at least two acts within 10 years)
Criminal intent or knowledge
Example of Organized Crime Activities
Drug trafficking
Human trafficking
Money laundering
Extortion
Gambling rackets
Case Law in Organized Crime
United States v. Turkette, 452 U.S. 576 (1981)
Supreme Court ruled RICO applies to both legitimate and illegitimate enterprises engaged in a pattern of criminal activity.
Key takeaway: The enterprise need not be formally registered—it can be informal but structured.
Salinas v. United States, 522 U.S. 52 (1997)
Conspiracy to conduct an enterprise’s affairs via racketeering requires showing the defendant was aware of the broader enterprise.
R v. Anvar (UK, 2002)
Demonstrated how participation in an organized crime group, even indirectly, can constitute a criminal offense.
Prosecutorial Strategies
Use of wiretaps, surveillance, and informants to show a pattern of organized activity.
Charging under conspiracy statutes to hold multiple participants accountable.
Seizing assets under forfeiture laws (e.g., money laundering statutes).
Differences Between Conspiracy and Organized Crime Prosecution
| Feature | Criminal Conspiracy | Organized Crime (RICO-style) |
|---|---|---|
| Focus | Agreement to commit crime | Pattern of criminal activity within an enterprise |
| Number of Crimes | One planned act is sufficient | Requires multiple acts over time (pattern) |
| Number of People | Two or more | Can involve dozens in a structured organization |
| Legal Tools | Conspiracy statute | RICO, UAPA, PMLA, SOCPA |
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