Complex Litigation
Complex federal cases — multi-defendant conspiracies, RICO prosecutions, and continuing criminal enterprise cases — strain the ordinary procedure. The conspiracy statute, 18 U.S.C. § 371, and the coconspirator statement rule, Fed. R. Evid. 801(d)(2)(E), do much of the work.
The Conspiracy Charge
Agreements and overt acts
18 U.S.C. § 371 punishes the agreement itself: two or more persons who agree to commit a federal offense or defraud the United States, plus an overt act by one conspirator.
The charge allows joint trials and venue across districts.
The Coconspirator Statement Rule
Hearsay and its exception
Fed. R. Evid. 801(d)(2)(E) provides that a statement made by a party's coconspirator during and in furtherance of the conspiracy is not hearsay.
The court must find by a preponderance that the conspiracy existed and that the statement was made during and in furtherance of it before the jury hears it.
The Corydon Law Research Desk
Each reference page links the statute or rule it describes, quoted from the primary source. Browse the depth library for the full set.
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Published by the Corydon Law Research Desk — John D. Kirby, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.
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