Varying declarations of interdependence:
The Tenth Circuit’s Inconsistent Analysis of Criminal Conspiracy

Jeff Van der Veer

The Tenth Circuit distinguishes itself from its sister circuits by requiring the prosecution to prove a unique element in all federal criminal conspiracy cases: interdependence.  Taken literally, interdependence exists when each conspirator relies on his fellow conspirators to achieve their collective criminal goal.  While the Tenth Circuit may have enforced this literal definition in the past, it has since announced varying definitions that have relaxed the standard, thus creating an imprecise and confusing area of case law.  This unfortunate evolution has transformed what was once a unique requirement into little more than a formality.  The Tenth Circuit should return to enforcing its literal definition of interdependence, thus holding the prosecution to its burden of proving each distinct element that constitutes the crime.  This standard will help ensure that defendants are convicted of not just any conspiracy, but the criminal conspiracy that they knew they were joining.