Does Wharton's Rule prevent a conspiracy conviction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hughes Aircraft Co., Inc., 20 F.3d 974 (9th Cir. 1994):
Wharton's Rule prevents a conspiracy conviction when an underlying substantive offense requires more than one actor, such as adultery or dueling, and in which "the immediate consequences of the crime rest on the parties themselves rather than on society." Iannelli v. United States, 420 U.S. 770, 782-83, 95 S.Ct. 1284, 1293, 43 L.Ed.2d 616 (1975). Here we have a conspiracy to defraud the government, a violation of 18 U.S.C. Sec. 1001.
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