Is Collusion a Crime?

The Merriam-Webster’s Dictionary defines collusion as “secret cooperation for an illegal or dishonest purpose,” but Webster’s New World College Dictionary calls it “a secret agreement for fraudulent or illegal purpose; conspiracy.” According to Black’s Law Dictionary, collusion is “a deceitful agreement or compact between two or more persons, for the one party to bring an action against the other for some evil purpose, as to defraud a third party of his right.”

Definitions offered by the latter two sources suggest illegal acts, but Merriam-Webster’s definition is more vague (i.e. simply being dishonest is not necessarily a crime). However, despite its “legalistic” tone, the term collusion has no specific legal meaning in criminal law; there’s no such criminal charge called “collusion,” nor does the term necessarily signal a criminal offense.

We know that collusion has a few different definitions and that “collusion” is not an actual criminal charge, but when are acts that can be characterized as collusion considered crimes? Even though collusion is not a legal term, quite a few offenses are characterized by collusive acts. Similarly, the simple act of lying is not itself a crime, but it becomes a crime in specific situations, like when lies are told under oath (perjury) or to gain something of value (fraud).

The following are examples of situations where acts of collusion amount to crimes:

The legal definition of conspiracy, which is a criminal charge, perhaps most closely mirrors the various definitions of collusion. The term is defined as “an agreement between two or more people to commit an act prohibited by law or to commit a lawful act by means prohibited by law.” The underlying crime is not as important as the intent to commit a crime and acts taken to plan for the crime. For instance, you and your co-conspirators can be charged with conspiracy to rob a bank even if the robbery is never actually attempted.

To commit treason is to “levy war against” the United States, “adhere to its enemies,” or give its enemies “aid and comfort.” This doesn’t necessarily require an act of collusion, since an individual may choose to commit treason on their own, but traitors often work directly (or “collude”) with the enemy. For example, U.S. citizen Mildred Gillars (aka “Axis Sally”) colluded with the Third Reich by broadcasting Nazi propaganda during World War II. She was convicted of treason and served a prison sentence.

Racketeering activity is broadly defined under federal law, including such crimes as murder, kidnapping, gambling, robbery, bribery, and extortion. The “racket,” therefore, is much larger than any one of the specific crimes or operations it may encompass.

Rackets, or criminal organizations, often utilize legitimate businesses to launder (or hide the source of) money received from illegal operations. Since rackets typically require the coordination of multiple players (often including corrupt insiders), they almost invariably involve collusion. These crimes are prosecuted at the federal level under the Racketeer Influenced and Corrupt Organizations (or “RICO”) Act, which enables prosecutors to more easily connect the dots of such rackets.

Federal and state governments have antitrust laws in place to thwart actions that would restrain trade or create an unfair advantage in the marketplace. Antitrust laws often are invoked when large companies merge and squeeze out other, smaller competitors. But since competition generally results in lower prices and thus benefits consumers, large companies may be tempted to collude together instead by agreeing not to go below a certain price point. This illegal activity is called “price-fixing.”

All states now offer some form of no-fault divorce, whether it’s “irreconcilable differences” or an “irretrievable breakdown of the marriage.” Therefore, couples no longer have much incentive to fabricate grounds for divorce. Still, there’s plenty of case law regarding couples who colluded in order to falsify grounds for divorce in states that once didn’t offer the option of no-fault divorce.

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

Leave a reply