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J. Hello! I am John Seaman, an attorney assigned to the FLETC, Legal Division at Glynco, GA. I came to the FLETC LGD in 2006 from ICE where I served as an Assistant Chief Counsel for 10 years. With me today is Michelle Story.

M. Hello, I am Michelle Story. I am also an instructor with the FLETC, and I have been in the Legal Division since 2007. I previously worked with the City of Atlanta as a prosecutor for 6 years.

J. We are here today to discuss Conspiracy law. Specifically, we are going to talk about the general Conspiracy statute found at 18 United States Code § 371. In a separate podcast, we will also discuss Party Offenses which are found in Title 18 United States Code §§ 2(a), 2(b), 3 and 4.

M. John, what is a Conspiracy?

J. A Conspiracy can be described generally as a sort of partnership in crime. Legally, a Conspiracy exists when 2 or more persons join together and form an agreement to violate the law, and then act on that agreement. The crime of Conspiracy was created to address the inherent dangers posed to society when people come together and join forces to commit criminal acts. An important feature of the Conspiracy statute is that it enables the investigator to get beyond the first layer of visible members to find and prosecute the “brains” behind a criminal scheme or organization. Specific federal anti-conspiracy statutes are found throughout federal law. State statutes also contain anti-conspiracy laws. This podcast will focus exclusively on the general Conspiracy statute found at Title 18 USC § 371.

M. What are the elements of a conspiracy?

J. Well, there are basically 5 elements for the crime of Conspiracy. Those elements are: 1. You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5. Commit some overt act in furtherance of the agreement. Based on these elements, we know that the crime of Conspiracy is a specific- intent crime. In other words Michelle, the government must prove that these 2 or more persons intentionally entered into an agreement to commit some criminal offense. This means that in proving that there are two (2) or more person involved, undercover officers and confidential informants would not count because they would not have the requisite criminal intent. Also, the overt act done in furtherance of the agreement must occur AFTER the agreement has been reached.

M. So, anytime 2 or more people are involved in a crime, there’s a Conspiracy?

J. Well, only if the government can prove that those involved entered into some agreement to commit the crime and that there was some overt act committed after the agreement was reached to help it succeed. Many times this “agreement” will be proven by circumstantial evidence. For example, if it can be shown that a participant is receiving some direct benefit from the illegal activity, this is a good indication that the person is a part of the Conspiracy. In addition, the overt act that follows the agreement doesn’t necessarily have to be an illegal act. It just has to be some act that demonstrates that the agreement is now being acted upon.

M. What is the penalty?

J. The general Conspiracy statute provides a maximum punishment of not more than five (5) years, as well as a fine up to $250,000.00 for a felony offense. For a misdemeanor offense, the maximum punishment cannot exceed the maximum possible punishment for the misdemeanor.

M. You said the crime of Conspiracy requires that there be an actual agreement to violate federal law or defraud the government. Tell me more about this “Agreement”?

J. Yes. The Agreement is the essence of any Conspiracy. One important thing to keep in mind is that the crime of Conspiracy is different and distinct from the substantive or underlying crime. In other words, a person can be prosecuted and convicted for the underlying crime AND for Conspiracy to commit that crime. Just having an agreement between two or more persons to commit a criminal offense is not, in itself, a Conspiracy. There MUST be some overt act in furtherance of the agreement committed AFTER the Agreement has been reached.

M. What do you mean, an “overt act?”

J. The final element of the crime of Conspiracy under Title 18, U.S.C. § 371 is the Overt Act. The Overt Act is some affirmative act done by one or more of the co- conspirators. The Overt Act, done in furtherance of the Agreement demonstrates that Agreement has advanced from merely talk to action. In other words, instead of simply talking about the crime, the conspirators have actually taken a step towards making it a reality. The Overt Act MUST come after the Agreement we have been talking about. Once the Overt Act occurs, the crime of Conspiracy is “complete” and can be charged under Title 18 U.S.C. § 371. It’s important to understand that the crime of Conspiracy does NOT merge with the substantive offense, so can be charged separately from the substantive offense.

M. What are the advantages to using the Conspiracy statute?

J. Another advantage for law enforcement is based on the theory of vicarious liability. Participants in a conspiracy become criminally responsible for the reasonably foreseeable acts of any co-conspirators committed during the Conspiracy and in furtherance of the Conspiracy. In the case of Pinkerton v. United States, 328 U.S. 640 (1946)), the US Supreme Court ruled that all members of a conspiracy can be charged for crimes committed by their co- conspirators that are within the scope of the conspiracy and are a reasonably foreseeable consequences of the conspiracy. The benefit of this is that all reasonably foreseeable criminal acts committed by any of the co-conspirators, and reasonably related to the Conspiracy, can be introduced at trial. This is true even though those on trial may not have directly participated in the acts. In addition, statements made by co-conspirators during and in furtherance of a conspiracy are not considered to be hearsay, so can be used at trial against other members of the Conspiracy.

M. Based on what you have said so far, does this mean that a person must be in the Conspiracy from its beginning to be charged with Conspiracy?

J. No. The law recognizes that an individual may join an on-going conspiracy. We call this a “late joiner.” If a person joins an on-going conspiracy, there is no requirement for another overt act to be committed, only that the person intentionally join in the agreement. A “late joiner” is criminally responsible for the Conspiracy, and for any reasonable foreseeable criminal acts done by any of the co-conspirators while the “late joiner” is a member of the Conspiracy. In other words, a “late Joiner” would not be criminally responsible for criminal acts by co-conspirators committed prior to his joining the Conspiracy.

M. What if an individual is part of a Conspiracy and wants out…can he withdraw from the Conspiracy?

J. Yes. Just as the law recognizes that a person can join an on-going conspiracy, the law also recognizes that an individual may withdraw from a Conspiracy prior to its completion. Withdrawal from a Conspiracy requires more than simply no longer participating. To withdraw from a Conspiracy, there are two basic requirements: First – the person must do some affirmative act inconsistent with the goals of the Conspiracy. Unless the co-conspirator can demonstrate that he quit the Conspiracy, his or her participation in the Conspiracy is presumed to continue. Second – the co-conspirator must do some affirmative act that is reasonably calculated to communicate to a fellow co-conspirator, or law enforcement, that he has withdrawn from the Conspiracy. Withdrawal from a Conspiracy is an affirmative defense that must be raised and proven by the defendant.

M. Well, it certainly sounds as though the general Conspiracy statute offers investigators and prosecutors some very important advantages for combating criminal activities.

J. That is absolutely true Michelle. By utilizing the general Conspiracy statute found at Title 18, USC § 371, law enforcement can begin investigating criminal activity in its early stages, and may prosecute BEFORE the underlying crime takes place. In addition, prosecutors may be able to charge defendants simultaneously and present evidence against all the participants in the Conspiracy.

M. Well John, thank you for this overview of the general Conspiracy statute.

J. You’re welcome Michelle. And if any of our listeners are interested, I have also prepared a podcast on Party offenses where I discuss how individuals who provide assistance to criminals can be criminally charged. Thanks again for listening.

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Good Morning! I am pleased to be the first to be able to voice my opinion of the question that was asked about “When a government seat is considered to be empty,” and to attempt to relay intelligence concerning “Our System of Governance.” How to exactly fill that empty seat in all seriousness was one of the greatest questions I have found in the year 2017 moving into 2018 for the upcoming “Senate Seats” and where we will get into it today, not only for “Legislative Seats,” but absolutely any seats in any representation for the people of the United States. When we speak of United States, we should immediately think “Federal Government,” but the same process for filling empty seats within our system works all the way up to a “Federal Level.” In regards to your viewpoint that the Constitution is there to provide the answer, I would further like to elaborate the procedures and speak about the rules regarding seats that are not only occupied, but this being the single most important reason, making sure the seats are proper according to the a. Rules b. Regulations c. Legislation d. Guidelines e. Statutes f. Amendments g. Codes h. Pleadings and other things… The seriousness of anyone found “Out of Line” and “Out of Order,” in your opinion, respectfully you had mentioned that it doesn’t matter, but in fact the system depends on all our unified operational focus.

Your questions arise and I will do my best to provide this service:

1. What if the people find, in their search for some truth or another, that there exist one or more “empty” seats in our representative based government?

I. Legal Standards

A. 18 U.S.C. §1963(a)(1), (2), (3) The specific goal of RICO is to prohibit the use of an enterprise to engage in certain criminal activities. A person who uses an enterprise to engage in a pattern of racketeering may be convicted under the RICO criminal statute (18 U.S.C. §1963). An enterprise is defined as “Any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” A pattern is defined as “At least two acts of racketeering activity, one of which occurred after the effective date of and the last of which occurred within 10 years after commission of a prior act of racketeering activity.” “It is also clear that section 1963(a) not only provides criminal penalties for “Whoever” is found in violation of any provision section of §1962 but also further points to section §1961 which makes any “Racketeering Activity” a crime. Actor(s) also further alleged to be in violation to the Hobbs Act, 18 U.S.C §1951(a), which is a RICO predicate offense because section 1951(a) expressly makes conspiracy a crime. Because of the effect of 18 U.S.C. §2, however, one who aids and abets the commission of a federal crime is treated as if “They” had committed the crime as a principal and can be charged under RICO if the crime is one set forth in Section 1961(1)(B)(G). 35 (“aiding and abetting one of the activities listed in Section 1961(1) as racketeering activities makes one punishable as a principal and amounts to engaging in that racketeering activity.) ALL I.N. FEDERAL CRIMINAL R.I.C.O. UNITED STATES OF AMERICA.

2. How do WE make sure these seats are filled, using the same solution as prescribed for any other empty seat?

B. 18 U.S.C. §371—Conspiracy to Defraud the United States… The general conspiracy statute, 18 U.S.C. §371, creates an offense “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379406 (1995) (generally discussing §371). The operative language is the so called “defraud clause,” that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the “offense clause” in Section 371.

Both offenses require the traditional elements of Section 371 conspiracy: 1. Including an illegal agreement such as “The installation of a “Fraudulent Operative” for an “Alleged Seat” of the United States. Further to a believing national and international citizen base within “This United States” and by knowing full well they are owed the truth, but however denying them this right is enforceable.” The answer is make sure they remain empty when fraudulent operatives and actors attempt to fill them by prosecution. In time, the seats will eventually fill with lawful candidates who have seen a working system and have learned through the derelicts mistakes.

3. How do we force the government to fill them?

C. Criminal intent such as “The intent to commit a federal crime” constitutes their malice, where siding outside of the agencies rule of law, constitutes their intent to deprive and defraud the true owners of their rights protected by the constitution. In criminal law, an overt act, or an open act of one that can be clearly proved by evidence and from which stated above can be deduced or concluded from by the evidence, the reasoning rather than from explicit statements, or inactions, whereby may show these elements as fulfilled. So, in other words, the best way may be to obtain an “Injunction” through “Federal Court” with a “Judicial Signature Authority” and “Seal” finally providing your personal “Service” to the “Derelicts.”

4. Is it time to form some serious militias for enforcement?

In my opinion yes and because “Federal Law” had remained without enforcement while overt criminals were able to maintain their threat of continuances. The “Unorganized Militia” consists of all able-bodied persons of the nation and of the states between the ages of 17-44, which is exclusive of all members of the organized militia i.e., The Armed Forces of your Federal Government of the United States with the National Guards of the various states of the Union; enforcements are needed as serious forces are necessary to the security of your “Free State.”

Title 10 U.S.C. 311. Militia: composition and classes:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are –

(1) The organized militia, which consists of the National Guard and the Naval Militia…

(2) The unorganized militia, which consists of the members of the militia who are not
members of the National Guard or the Naval Militia…

5. How can we prove beyond a doubt, that there ARE empty seats?

Now it is well known as the reliance is heavily on the definition of “defraud” provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated: “The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government.” Any conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation. Hass, 216 U.S. at 479480 and to answer your question it is not your job to “Prove Beyond a Reasonable Doubt” that is the “Federal Prosecutors Job” however the first step is to report the crime to the FBI, but these days you need to have “Judicial Oversight” to force compliance it has gotten so bad within our agencies. There must be record so that enforcement is practical and for the purposes of your rights, it’s best to become a witness and recognize when you are a victim of a federal crime in accordance with 18 U.S.C. §3771, §1512, and §1513; by knowing your rights you can force compliance through the courts all the way up to the Attorney General. The answer is to look to the root power found in the grounds of the constitution. Find the disconnect, in other words if there is something that does not line up in accordance with the law of the land hence the fraud and the critical comparison being statutes light compared to the mortal derelict(s).

6. Where in the Constitution does it indicate that these seats even exist?

This is what I like to term “Systemic Gnosis” in other words this is only my personal experience that can attempt to provide the answer of where it indicates these seats even exist. The short-sweat answer in my opinion always was the Judge seated in an elevated place above society to remind citizens of their place in understanding the peoples law. A double-edged blade in fact, above the “Judicial Seat” is a seal and in court rooms flags, with other reminders however, the most important reminder is their seated place provided by the people which is or was especially these days “Grace.” It was a place to exercise this “Guardianship” when we had courts and not cults. The fact is when a judge or anyone “Seated” in their place by the people is when you may understand the well-known terminology “Fallen from Grace.” This happens when someone without excuse breaks the law of the land or the peoples’ rules by placing their own heads under the law… Fallen from the bench or the “Seat” or however it is for terminology it is most important to have the “Knowledge” of 1. When exactly this happened or happens & 2. How to enforce compliance or force law to be upheld in a CIVIL MANNER.

7. Can this be extended to representational seats in the states?

In Hammerschmidt, Chief Justice Taft, defined “defraud” as follows: To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of all of those charged with carrying out their governmental intentions such as “Representational Seats” in the states and which includes “Everyone” alleged “Acting” within our agencies. The defendant(s) may be found in violation of the Hobbs Act, 18 U.S.C §1951(a), which again is a R.I.C.O. predicate offense because section 1951(a) expressly makes conspiracy a crime; because of the effect of 18 U.S.C. §2, however, one who aids and abets the commission of a federal crime is treated as if “They” had committed the crime as a principal and can be charged under RICO if the crime is one set forth in Section 1961(1)(B)(G). 35 (“aiding and abetting one of the activities listed in Section 1961(1) as racketeering activities makes one punishable as a principal and amounts to engaging in that racketeering activity.) your working Justice System.

8. Whom do we seek out for an answer to these questions?

Simply understand your rights, comprehend “Your True Power” v. “United States Fraud” as you may decide to coordinate with other “Witnesses” or “Victims,” by doing so… Finding yourselves possibly encouraging your “Secretary of Defense” or “The Chairman of the Joint Chiefs of Staff,” respectfully demanding “Federal Law Enforcement.” This starts the clock where “Military Jurisdiction” eventually grafts in or in other words is acquired. Therefore, it is without discretion “The Racketeer Influenced Corrupt Organizations Act” shall be ENFORCED.

Thank you for your invaluable questions today Monday September, 25th 2017 and may you find yourselves getting to the bottom of all derelict employees who are found without a doubt with your witness out of line and out of order. All states including Texas citizens who operate within their wonderful union are directed to always without fear to do the same in the spirit of true government accountability. Border protection starts within your state and county level, getting your agents in line is getting your national protection which includes immigrant invasion defense. If you find “Retaliatory” erroneous filings simply assert your rights in their attempts, especially under their attempts as a 1. Victim or 2. Witness of a “Federal Crime.” If they attempt to kidnap you simply say these four lovely words for your personal protection “I do not consent.” Threatening witnesses or victims is a punishable offense, but kidnapping them in the fraudulent light of prosecution is more than serious, which includes without looking up the law off my memory THIRTY YEARS IN A FEDERAL PRISON.

Show Ten II. Tell Ten,

THE RED SEA!