Two real estate agents, Carla and Ethan, agreed to work together to defraud homeowners by convincing them to sign over their property deeds under the false promise of paying off their mortgages. Carla reached out to a printing shop to create fake documents to facilitate the fraud, while Ethan visited several potential victims and began setting up appointments. Before completing any fraudulent transactions, Carla decided to abandon the plan and informed Ethan that she no longer wanted to participate. Ethan continued with the scheme alone and successfully defrauded two homeowners. Under principles of conspiracy, is Carla criminally liable, and why?
Carla is criminally liable for conspiracy because she agreed to participate in the fraudulent scheme and at least one overt act was carried out to further the plan.
Carla is criminally liable for conspiracy because Ethan successfully defrauded two homeowners, even though Carla did not participate in the fraudulent transactions.
Carla is not criminally liable for conspiracy because the agreement between her and Ethan was not yet fully executed when she withdrew.
Carla is not criminally liable for conspiracy because she withdrew from the plan before any fraudulent transactions were completed.
Carla is criminally liable for conspiracy because she participated in an agreement with Ethan to engage in criminal conduct with the required intent, and an overt act in furtherance of the conspiracy occurred when Carla arranged for fake documents and Ethan contacted potential victims. A conspiracy is complete once there is: (1) an agreement to commit an unlawful act, (2) a shared intent to pursue the criminal goal, and (3) an overt act in furtherance of the conspiracy. Carla's subsequent withdrawal from the scheme does not absolve her of liability for the initial conspiracy, though it may serve as a defense to crimes committed after her withdrawal if properly communicated. It's important to distinguish conspiracy liability from liability for the substantive offenses committed by Ethan after her withdrawal.
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What is a conspiracy in legal terms?
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What is an overt act in the context of conspiracy?
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Can a person withdraw from a conspiracy and avoid liability?