6. CONSPIRACY. "The essence of a conspiracy is an agreement to commit an unlawful act. That agreement is a distinct evil, which may be punished whether or not the substantive crime ensues." -- Justice Stephen Breyer

PURPOSE: Punish and convict all persons involved in any illegal diversion of money payable by law to the U.S. Treasury.

United States v. Jiminez Recio et al., Certiorari to the United States Court of Appeals for the Ninth Circuit, No. 01-1184. Argued November 12, 2002--Decided January 21, 2003.

        The FCA provides for conspiracy claims, see 31 U.S.C. sec. 3729(a) (3), and general civil conspiracy principles apply. See, e.g., United States v. Murphy, 937 F.2d 1032, 1039 (6th Cir. 1991).
        Term carries with it the idea of agreement, concurrence and combination, and hence is inapplicable to a single person or thing, and one cannot agree or conspire with another who does not agree or conspire with him.

Conspiracy:
1. A combination or confederacy between two or more people formed for the purpose of committing, by their joint effort, some unlawful or criminal act, or some act which is lawful in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not in itself unlawful. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he: (a) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (b) agrees to aid such other person or persons in the planning or commission of such crime or an attempt or solicitation of such crime. Model Penal Code, 5.03.
2. Crime of conspiracy is distinct from the crime contemplated by the conspiracy (target crime). Com. vs. Dyer 243 Mass. 472, 509, 138 N.E. 296, 314, cert. denied, 262 US 751, 43 S.Ct. 700, 67L.Ed. 1214.
3. Some states do not require an overt act as an element of the crime. Com. vs. Harris, 232 Mass. 588, 122 N.E. 749.
4. A conspiracy may be a continuing one; actors may drop out and others in; the details of the operation may change from time to time; that members need not know each other or the part played by others; a member need not know all the details of the plan or the operations; he must however know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose. Craig vs. U.S., C.C.A.Cal., 81 F.2d 816, 822.

Conspiracy, Civil:
The essence of a "civil conspiracy" is a concert or combination to defraud or cause other injury to person or property of the plaintiff. To engage in conspiracy. Term carries with it the idea of agreement, concurrence and combination, and hence is inapplicable to a single person or thing, and one cannot agree or conspire with another who does not agree or conspire with him.

31 USC § 3729. False claims. (a) Liability for Certain Acts. - Any person who - (3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid;