News for hackers. Stuff that matters.
Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by baeaz on Friday December 23, 2022 @05:54PM (#34111536)
I have always wondered why "x" and "conspiracy to commit x" are different counts.
Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by krisoft on Friday December 23, 2022 @06:23PM (#34111833)
The elements are different. Typically “conspiracy to commit X” requires some number of people agreeing to do X and then someone from the group doing at least one overt act in furtherance of that agreement. So you can be guilty of “conspiracy to commit X” without ever getting even remotely close to doing X.

So for example if two mates talk about that they are going to kill person Y, that is the agreement. And then one of them buys a gun, that is an overt act. And even if person Y has very good security, and the two dudes have no chance in hell of murdering Y ever, that is still a “conspiracy to muder” charge.

Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by thesimon on Friday December 23, 2022 @07:22PM (#34112342)
> So you can be guilty of “conspiracy to commit X” without ever getting even remotely close to doing X.

Probably most legal systems have something like that.

The interesting thing about US law - at least compared to German law (a Civil law country) - is the fact that even if you succeed with X, you can still be charged with conspiracy to commit X on top.

Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by throw_m239339 on Friday December 23, 2022 @05:59PM (#34111582)
> I have always wondered why "x" and "conspiracy to commit x" are different counts.

Conspiracy requires at least 2 people.

Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by salawat on Friday December 23, 2022 @06:54PM (#34112126)
One is an inchoate crime.

It's a way to let a prosecutor get ahead of an unsuccesful, and basically a freebie in terms of sentence amplification.

Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by listenallyall on Friday December 23, 2022 @11:10PM (#34113891)
If I remember correctly, it has its roots in the RICO statutes which arose from FBI attempts to break up the mafia. The idea was to make it easier to prosecute people who did not actually pull the trigger but who were involved in planning and ordering of such crimes.

Now, a wiretap of a boss ordering a hit could result in the same sentence as the gunman.

Unfortunately it has been abused greatly, including drivers who never got out of the car sentenced to death for a 7/11 robbery gone bad, etc.

Further, as you can imagine, it gives the prosecution massive (many would say unfair) leverage over associates to a crime, given that they could face the same, full sentence if they don't cooperate. It's a major reason behind the enormous percentage of criminal charges not going to trial.

Re:Caroline Ellison, CEO of Alameda Research, pleads guilty ... by foogazi on Saturday December 24, 2022 @01:45PM (#34119773)
> Unfortunately it has been abused greatly, including drivers who never got out of the car sentenced to death for a 7/11 robbery gone bad, etc.

In the Alameda case this could make everyone in on the conspiracy liable to the same exposure as SBF