Unindicted co-conspirator
Encyclopedia
An unindicted co-conspirator, or unindicted conspirator, is a person or entity that is alleged in an indictment
to have engaged in conspiracy
, but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.
The United States Attorneys' Manual
generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. Some commentators have raised due process concerns over the use of unindicted co-conspirators. Although there have been few cases on the subject, the Fifth Circuit Court of Appeals addressed these concerns in United States v. Briggs.
The term unindicted co-conspirator was familiarized in 1974 when then president Richard Nixon
was named as an unindicted co-conspirator in indictments stemming from the Watergate Investigation. Nixon was not indicted due to concerns about whether the United States Constitution
allowed the indictment of a sitting President (see Executive privilege
).
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
to have engaged in conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.
The United States Attorneys' Manual
United States Attorneys' Manual
The United States Attorneys' Manual is a looseleaf text designed as a quick and ready reference for United States Attorneys and other employees of the United States Department of Justice responsible for the prosecution of violations of federal law...
generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. Some commentators have raised due process concerns over the use of unindicted co-conspirators. Although there have been few cases on the subject, the Fifth Circuit Court of Appeals addressed these concerns in United States v. Briggs.
The term unindicted co-conspirator was familiarized in 1974 when then president Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
was named as an unindicted co-conspirator in indictments stemming from the Watergate Investigation. Nixon was not indicted due to concerns about whether the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
allowed the indictment of a sitting President (see Executive privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
).