How Do Federal Agents Build a Conspiracy Case Against You?

 Posted on September 25, 2025 in Federal Crimes

A federal conspiracy charge is a serious offense. You do not have to commit the crime itself to face punishment. If the government believes you agreed with others to break the law, you could be charged. These charges often come with harsh penalties, such as years in prison and significant fines, and the impact on your criminal record can bleed into every aspect of your life. Federal agents use tools like surveillance, informants, and financial records to try to prove their case. If you are under investigation, hiring an experienced Chicago, IL federal conspiracy defense lawyer is the first step in challenging the evidence and the allegations.

What Is a Federal Conspiracy Charge?

In general, a conspiracy is an agreement between two or more people to commit a crime. Even if the crime itself never happens, the agreement and any step taken toward carrying it out can still lead to charges.

Conspiracy becomes a federal charge under 18 U.S.C. § 371 when the agreement involves breaking federal law or harming the U.S. government. To secure a conviction, prosecutors must show that at least two people made an agreement, that you knowingly joined that agreement, and that someone took an overt act, even if it was a small step, to move the plan forward.

Examples of federal conspiracy charges include:

• Drug cases: Under 21 U.S.C. § 846, agreeing to manufacture, distribute, or possess illegal drugs is punished the same as committing the drug crime itself.

• Fraud cases: Two people agreeing to create fake invoices to cheat Medicare could face conspiracy to commit healthcare fraud.

• Organized crime: Gang members may face conspiracy charges for planning racketeering or violent acts under the RICO Act.

• Terrorism: Agreeing to provide funds or support for a terrorist act can bring federal conspiracy charges, even if the attack never happens.

Federal conspiracy charges are powerful because prosecutors do not need to show the crime was carried out. The focus is on the agreement and the intent, which gives the government a wide net to bring people into a case.

What Counts as Evidence of an Overt Act in a Conspiracy?

An overt act does not have to be illegal by itself. It is vaguely defined, but some common examples from federal cases include:

• Renting a storage unit that is later linked to drugs, weapons, or other evidence

• Purchasing supplies or equipment used in a fraud, drug, or weapons scheme

• Sending money or wiring funds connected to a criminal plan

• Driving across state lines to deliver materials or meet with co-conspirators

• Reserving a hotel room or arranging travel for a meeting about the plan

• Creating or exchanging coded messages to discuss the conspiracy

• Meeting with others in person or online to coordinate next steps

Even small acts can be enough for prosecutors to argue you were part of a larger plan. You do not have to know every detail or every person involved to face charges. Once the government shows some involvement and one overt act, they can connect you to the conspiracy.

How Are Wiretaps and Surveillance Used for a Federal Conspiracy Case?

Federal agents often use wiretaps, hidden microphones, and video cameras to collect evidence. These tools allow them to record phone calls, texts, or private meetings. First, they must get approval from a judge by showing probable cause, which means they have to demonstrate that they have a strong reason to believe a crime will happen. Once approved, recordings can be used in court to show what people said or planned. Prosecutors may argue that a simple statement proves intent.

The rules for wiretaps, outlined in 18 U.S.C. §§ 2510–2522, are complex. Defense lawyers often challenge the evidence collected this way because there is plenty of room for error. If agents did not follow the rules when setting up the wiretap, the recordings may be thrown out and cannot be used in court.

Do Informants Play a Role in Conspiracy Cases?

Informants are a common government tool in conspiracy cases. These are people who may have been part of the conspiracy themselves or know someone involved. They agree to share information with agents, often in exchange for a lighter sentence or dropped charges.

An informant might record conversations, share text messages, or testify in court. While this can help prosecutors, it also raises questions. Informants often have a reason to lie or exaggerate so they can protect themselves.

Can Financial Records and Texts Be Used Against You in a Federal Conspiracy Case?

Money trails and digital communication are often part of conspiracy cases. Agents may look at bank accounts, wire transfers, or credit card charges to track where money is going. They can also collect emails, text messages, and social media chats.

Even small or casual messages can be used against you. For example, joking about a shipment or using code words could be seen as proof of an agreement. Digital experts can even recover deleted messages and link devices to accounts. Because this type of evidence can be broad, it is easy for prosecutors to misread normal activity as something criminal.

How Can You Defend Yourself Against a Federal Conspiracy Charge?

You need an experienced defense attorney to review your case before determining the right defense strategy. However, some common defenses against federal conspiracy charges include:

• No agreement: The government must prove you knowingly joined a plan. If your conversations were vague or unrelated, this claim may not hold up.

• Withdrawal: If you clearly removed yourself from the plan before the crime happened, you may avoid liability.

• Entrapment: If agents or informants pushed you into doing something you normally would not do, you may have a defense under entrapment.

• Weak evidence: Many cases rely on indirect evidence, like phone records or association. If these links are thin or misleading, the case may fall apart.

Contact a Chicago, IL Federal Conspiracy Charge Defense Attorney Now

At Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, Attorney Hal M. Garfinkel brings nearly 20 years of criminal law experience to every case. As a former prosecutor, he has been involved in many high-profile cases across Illinois and knows how federal investigators build their claims.

If you or someone you care about is being investigated or charged, contact our Chicago, IL federal conspiracy defense lawyer today at 312-629-0669 for a free consultation. Attorney Garfinkel meets clients 24/7, including evenings and weekends, at police station visits, and during bond or bail hearings.