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Expert Conspiracy Defense by Howard Lotspeich Alexander & Williams

May30
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Three Participants Does Not Automatically Constitute “Organized Crime”

ByOrganized Crime

Illustration of “Organized Crime” concept — text reading ‘Organized Crime’ set over a dark backgroundSome prosecutors and state investigators out there believe that if there are three participants in an alleged offense, then there is evidence of “Engaging in Organized Criminal Activity.”  Not so.  At least not every time.

As THIS ARTICLE from TDCAA explains, the State needs more if it wants to charge someone in Engaging in Organized Criminal Activity.

Says law school pal of ours, Ben Hoover:

“When it comes to proving an EOCA case in Texas, there is more required than just proving that three or more persons committed a crime or even multiple crimes. The law requires proof of an ongoing course of criminal activity.”

Ben provides several good case references in the article which give examples of fact scenarios where the courts of appeals have held the certain conduct did not constitute Organized Crime.  Check it out.  It helped us get a EOCA charge dismissed recently.  It may help you too.

Feb22
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Conspiring With a Government Informant

ByConspiracy

Can You Be Convicted for Conspiring with a Government Informant?

Eye within a pyramid symbol, surrounded by rays of light, featured on U.S. currency, representing themes of conspiracy and secrecy in legal contexts.United States v. Delgado, U.S. Courts of Appeals for the 5th Circuit (Federal)

In this U.S. v. Delgado, the Defendant-Appellant, Maria Aide Delgado, was convicted of

  1. possession of marijuana with the intent to distribute and
  2. conspiracy to commit the same offense.

She was sentenced to a concurrent term of 100 months imprisonment for each conviction. Delgado appealed, complaining that she shouldn’t be convicted for Conspiracy if she was Conspiring With a Government Informant.

The Federal 5th Circuit Court of Appeals dismissed a conspiracy charge in the indictment because the government failed to introduce sufficient evidence to establish that the Appellant entered into a conspiracy with anyone other than a government informant. While it takes at least two people to form a conspiracy, an agreement must exist among co-conspirators who actually intend to carry out the agreed upon criminal plan. A defendant cannot be criminally liable for conspiring solely with an undercover government agent or a government informant, therefore, evidence of any agreement Delgado had with the government informant cannot support a conspiracy conviction.