Pinkerton Liability

Pinkerton liability allows an actor to be held liable for substantive crimes committed by his coconspirators in certain circumstances. A defendant can be held vicariously liable for a substantive offense committed by another member of a conspiracy if: (1) the defendant was a party to the conspiracy; (2) the offense was “within the scope of the unlawful project“; (3) the offense was committed in furtherance of the conspiracy; and (4) the defendant could have reasonable foreseen the offense as a “necessary or natural consequence of the unlawful agreement.”
 

 

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