317 U.S. 49, 63 S. Ct. 99, 87 L. Ed. 23 · Supreme Court of the United States · 1942
Criminal LawAssigned in 5 casebooks
Case brief summary
Rule
When people make one single agreement to break the law, that is one crime of conspiracy, even if the agreement aims at several different illegal goals, so it can only be punished once under the law that bans conspiracy.
Facts
Several men faced seven counts of conspiring to break different federal liquor tax laws. Evidence showed only one ongoing agreement existed, not seven separate ones.
Procedural history
A trial court convicted the defendants on all seven counts, giving eight years in prison. The appeals court upheld this. The Supreme Court took the case due to conflicting rulings elsewhere.
Issue
Can a single agreement to break several different tax laws be treated and punished as several separate conspiracies, and what time limit applies for charging a conspiracy meant to avoid paying federal taxes?
Holding
One agreement counts as only one conspiracy crime, no matter how many illegal goals it involves. Only the two-year maximum punishment for one conspiracy applies here.
Reasoning
Conspiracy is the agreement itself, not its various illegal goals. One agreement cannot become multiple crimes just because it aims at several unlawful goals.
Opinions
Majority (Chief Justice Stone): A single conspiracy agreement is only one crime no matter how many illegal goals it covers, and the six-year tax limit applies here.
Test yourself
Question 1 of 5
What conduct underlay the seven conspiracy counts against Braverman and his co-defendants?
The opinion states the conspiracy counts arose from the illicit manufacture, transportation, and distribution of distilled spirits violating several internal revenue statutes; the other options are not mentioned in the opinion.
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On the exam
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Other issues in this opinion
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