Unindicted co-conspirator
- Unindicted co-conspirator
An unindicted co-conspirator is one who is alleged in an indictment to have engaged in conspiracy, but is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.
The "United States Attorneys' Manual" generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. [United States Attorneys' Manual, 9-11.130, available at http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/11mcrm.htm#9-11.130 (2008)] Some commentators have raised due process concerns over the use of unindicted co-conspirators. ["See" Ira P. Robbins, "Guilty without Charge: Assessing the Due Process Rights of Unindicted Co-Conspirators", 2004 Fed. Cts. L. Rev. 1 (2004)] Although there have been few cases on the subject, the Fifth Circuit Court of Appeals addressed these concerns in "United States v. Briggs". [514 F.2d 794 (5th Cir. 1975).]
The term unindicted co-conspirator was familiarized in 1974 when then president Richard Nixon was named as an unindicted co-conspirator in indictments stemming from the Watergate Investigation.
References
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Look at other dictionaries:
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