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Thursday, July 14, 2011 8:36:35 AM
If they had acted alone, or independently without knowledge of each other, then there would be no conspiracy.
"Conspiracy to commit" "conspiracy to attempt"; both are torts in most countries, both involve multiple participants.
In the case of the SFIO conspiracy, the crime was fully committed as the conspirators fulfilled their obligation by issuing the FBI sting operators the cheque aka kickback.
http://en.wikipedia.org/wiki/Conspiracy_%28crime%29
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offence). For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.
But it's not securities fraud. Conspiracy has every element but the completed act. It's still a crime, but not the final act.
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