Charged Under 18 U.S.C. 1349 What Happens Next

A § 1349 conspiracy count usually arrives in a multi-defendant indictment, and that changes the shape of the case in ways a defendant should understand early. The conspiracy count carries the penalties of the predicate fraud offence, so it is not a lesser charge, and being tried alongside codefendants creates problems that have nothing to do with the strength of the evidence against any one person.

Law Offices Of SRIS, P.C. has been practicing since 1997. To discuss a fraud conspiracy indictment, request a consultation at (888) 437-7747.

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Reading the Indictment

Identify the predicate offence first, since § 1349 imports its penalty structure and the federal fraud chapter contains provisions with materially different ceilings. Then identify how the conspiracy is described: its alleged start and end dates, its objects, and which defendants are alleged to have joined when.

Those dates matter more than they appear to. A defendant alleged to have joined partway through is not accountable for what preceded their entry, and the indictment’s own chronology is the starting point for establishing that boundary.

Note also whether substantive counts accompany the conspiracy, and whether a mandatory consecutive count such as aggravated identity theft under 18 U.S.C. § 1028A is present, since that changes the exposure arithmetic entirely.

Release, and the Codefendant Problem

Release is decided under the Bail Reform Act, 18 U.S.C. § 3142, at an initial appearance before a United States magistrate judge. In fraud conspiracies the government commonly raises assets, foreign ties, and travel history, and conditions restricting contact with codefendants are usual.

Those contact restrictions have a consequence people underestimate: codefendants who are also business partners, colleagues, or family members may be prohibited from communicating, which complicates ordinary life as well as the defence. Raising realistic conditions at the hearing is better than seeking modification later.

Arraignment, Schedule, and Scope Work

Arraignment is where a plea is entered and, in the Eastern District of Virginia, where the trial date is typically set. Under the Speedy Trial Act, 18 U.S.C. § 3161, trial must ordinarily begin within 70 days of indictment or initial appearance, whichever is later, subject to excludable periods and continuances granted on findings. In multi-defendant cases the clock is generally measured with reference to the most recently joined defendant, so a later arrest can shift the practical schedule for everyone.

The distinctive early work is scope. Establishing when this defendant entered, what they agreed to, what they were told about the arrangement’s extent, and which communications define the boundary determines both the conduct attributable to them and the loss figure at sentencing. That work depends on contemporaneous documents and should begin before the government’s loss analysis is final.

Where codefendants begin cooperating, timing matters. The first to reach an agreement frequently obtains the most favourable terms, and accounts given under agreements that reward assistance tend to describe others as knowing participants. Reconstructing how each account developed is part of the defence rather than an afterthought.

Motions, Then Resolution or Trial

Motions practice in these cases concentrates on severance, where the disparity in involvement between defendants is documented; the multiple conspiracies argument, where the indictment alleges one agreement but the evidence describes several; the sufficiency of the indictment; suppression; and venue.

Resolution discussions turn on the scope analysis rather than on the conspiracy count in isolation, because the loss attributed to a defendant is what drives the range. Collateral consequences, including licensure, immigration status, and programme and contracting eligibility, run independently and belong in the same conversation.

Frequently Asked Questions

Is a conspiracy count less serious than the fraud counts?

No. Section 1349 imports the penalty structure of the predicate fraud offence, so the conspiracy carries the same exposure as the completed fraud. A conspiracy count standing alone can carry the full exposure, which is why resolving substantive counts while leaving it in place accomplishes less than clients expect.

Why does it matter when I joined?

Because a defendant is not accountable for conduct that preceded their entry into the agreement. Timing of entry is part of the scope analysis governing both the acts attributable to a defendant and the loss figure used at sentencing. Since loss drives the Guidelines range in fraud cases, establishing a later entry point can substantially reduce exposure.

Can I be tried separately from my codefendants?

Severance is available and is more persuasive where the disparity in involvement is documented rather than asserted. The concern is real: in a joint trial, evidence admissible against one defendant is heard by the jury considering all, and a peripheral participant may sit through weeks of proof about conduct they had no part in.

Should I be worried about codefendants cooperating?

It is a real dynamic. The first defendant to reach an agreement with the government frequently obtains the most favourable terms, and accounts given under agreements that reward assistance tend to characterise others as knowing participants. Reconstructing how each cooperator’s account developed across debriefings is standard defence work in these cases.

Does a codefendant’s later arrest delay my trial?

It can. In multi-defendant cases the Speedy Trial Act clock is generally measured with reference to the most recently joined defendant, so a later arrest or arraignment can shift the practical schedule for everyone unless severance is granted. That is one of the more common reasons a case in this district extends past the statutory baseline.

What should happen in the first month?

Release resolved with workable contact conditions; the predicate offence identified; the indictment’s chronology mapped against this defendant’s actual entry point; scope evidence gathered from contemporaneous communications; preservation confirmed; severance and multiple conspiracies assessed; and an initial Guidelines calculation run on the loss properly attributable to this defendant rather than to the scheme.

Working With Law Offices Of SRIS, P.C.

In a fraud conspiracy the decisive work is establishing the boundary of what this defendant agreed to, and it has to be done from contemporaneous documents before the government’s loss analysis hardens. Severance and the codefendant cooperation sequence are the other two variables that shape the case early.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has been practicing since 1997. Mr. Sris and the firm’s Of Counsel attorneys handle criminal defense matters across those jurisdictions, which matters in federal practice because a single investigation frequently reaches conduct, witnesses, and records in more than one state. Mr. Sris brings a background in accounting and information systems from George Mason University, applied to complex financial and technology-related cases.

The firm serves Northern Virginia from 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 and central Virginia from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747 to schedule. Request a consultation. Reach our location at (888) 437-7747.

This page provides general information about the sequence of a federal fraud conspiracy prosecution and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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Being charged is one stage of the case. Our page on conspiracy to commit fraud charges sets out the offence from start to finish.