Yes; generally 18 U.S.C. § 1349. – Joshua Sabert Lowther, Esq., Atlanta, GA.
The two offenses probably merge for purposes of sentencing. Attempted fraud can be completed by 1 person taking a substantial step towards committing a fraud. Conspiracy to commit a fraud takes an agreement by 2 or more people with an overt act committed towards the completion of the fraud.
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A conspiracy requires an agreement by two or more people to commit a crime. Some statutes also require an overt act in furtherance of the agreement. An attempt requires a substantial step toward completion of a crime. It does not require an agreement by two or more people. They are similar but not the same crime.
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