The maximum penalty for the defendants charged with conspiring to distribute narcotics would be life without parole in federal prison, according to the U.S. attorney's office.[8] The maximum penalty for the defendants charged with trafficking in counterfeit goods would be 10 years in prison, and conviction on the charges related to concealing cash from authorities could carry a maximum prison term of five years.[9]

Trafficking Conspiracy is covered under 21 U.S.C. § 846 whereunder it states that any person who attempts or conspires to commit any drug offense will be punished in the same manner as if he had actually committed the offense.[10] U.S. Attorneys are obligated to bring charges on "the most serious offense that is consistent with the nature of the defendant's conduct, and that is likely to result in a sustainable conviction.[11] This essentially states that given the choice between seeking a conspiracy indictment for drug trafficking, federal prosecutors will choose 21 U.S.C. § 846 rather than the standard 18 U.S.C. § 371 conspiracy charge, because the penalties are steeper, and it is easier to prove a drug conspiracy rather than a section 371 conspiracy.

Transnational Crimes Blog - McNabb Associates, P.C.