Multistate Bar Examination Practice Question

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.

Multistate Bar Examination
Criminal Law and Procedure
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