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Statute of Limitations for Conspiracy
Conspiracy is a continuing offense. For statutes such as 18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846, the government must allege and prove that the conspiracy continued into the limitations period. The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).
An individual’s “withdrawal” from a conspiracy starts the statute of limitations running as to that individual. “Withdrawal” from a conspiracy for this purpose means that the conspirator must take affirmative action by making a clean breast to the authorities or communicating his or her disassociation to the other conspirators. See United States v. Gonzalez, 797 F.2d 915 (10th Cir. 1986).
I might be wrong, but I believe it would be a form that he had to have filled out within the last 5 years to count if you are talking about Obama. If these were crimes he committed in college or as a young adult/Senator/candidate it seems that would be outside the 5 year window for continuing acts unless you interpreted the fraud as continuing, but that would require another act and due to privacy laws I don’t think concealing it would count.
If you are referring my comments about the Freddie/Fannie crew they all abandoned ship over 5 years ago when it fell apart enjoying over 100 million dollars in bonuses.
I would pray it wasn’t so and hopefully I am wrong, but I have given up on the pipedream that the fraudster would go down in flames.