Depending on the original crime under investigation, there are numerous law enforcement agencies, tactics, and techniques used for an investigation of conspiracy. There is a federal conspiracy statute that pertains to fraudulent acts committed against the United States government or its subdivisions such as the departments and agencies. If someone is facing conspiracy charges, it is essential that they understand the Maryland federal conspiracy investigation process and consult an experienced federal conspiracy lawyer.
Investigation Process
Most conspiracy cases in federal court involve other criminal conduct where two or more people are involved in the planning and carrying out of the criminal conduct. The most common is a drug distribution conspiracy with multiple people engaged in the trafficking of narcotics. In that situation, the Drug Enforcement Administration (DEA) has an active role as the investigative law enforcement agency. They may use local law enforcement for assistance. The Federal Bureau of Investigation (FBI) is usually involved in any federal case because the FBI is the primary law enforcement agency of the federal government and the Department of Justice.
Whenever there is a case involving a single defendant in a conspiracy case, surveillance is employed in the form of video or audio surveillance by officers following a suspect. Law enforcement agents may request a warrant for a wiretap to tap into the phone conversations of the various actors within the conspiracy.
Law enforcement involves numerous agents tracking down as much information as possible. The government wants to have the conspiracy case ready to be charged and proceed against everyone at the same time if possible. When one of the co-conspirators in the criminal enterprise is arrested before arresting the others, they become aware that the government is looking into their activities. They may cease the activities and/or flee to evade arrest and prosecution. Law enforcement tries to coordinate with the different agencies and actors to arrest everyone and proceed at the same time when possible.
Depending on the nature of the charges, the FBI could be involved. The DEA handles drug cases. The Bureau of Alcohol, Tobacco, and Firearms (ATF) supervises gun cases. When counterfeiting is involved, the Secret Service is tasked with anti-counterfeiting actions. Currently, the focus is on stopping any form of terrorist conspiracy and the CIA or the NSA may become involved in the investigation of those types of crimes.
Sometimes, there are many different federal agencies working in conjunction with local law enforcement agencies depending on the type of case and type of crime. When multiple people are involved in fraud or embezzlement, law enforcement wants to talk to the employer. The agents talk to the victim to get documentary records, phone records, and email records to establish that a crime took place and tie in all of the participants or the co-conspirators in the crime.
Defense-Side Investigation
In a federal conspiracy case, the defense attorney investigates all of the accusations leveled against their client. They obtain all the information against any other co-defendants and identify them; determine their actions, and establish the alleged connection between their client and the other co-defendants. The attorney identifies the allegations and investigates whether there is evidence to disprove the allegations.
If the government alleges that their client engaged in specific conduct on a specific date, the defense attorney determines whether there is evidence to show that the client did not or could not have engaged in that conduct. Perhaps they have an alibi or were engaged in similar conduct, but not exactly the conduct. Whatever it might be, the lawyer must attack the evidence that the government intends to present in any and every possible way.
