A jury convicted Caldwell of conspiracy to commit U.S. fraud in violation of 18 U.S.C.A. § 371. An agreement between two or more people to participate together in an illegal or criminal act or an act that is in itself innocent, but becomes illegal when committed by the combination of actors. Conspiracy is a separate crime from the criminal act for which it was designed. For example, someone who conspired with another to commit a burglary and commit the burglary may be charged with both conspiracy to burglary and break-in. Advertising can be a precursor to a conspiracy because it criminalizes incitement to enter into a criminal act. Advertising is an inchot crime because it is possible that the conspiracy will never be formed and the crime that is their target will not be committed. Many of the rules applicable to trial and conspiracy also apply to the invitation, as explained in point 8.3 „Invitation“. The right of conspiracy was applied in the Nuremberg trials for Nazi leaders accused of participating in a „conspiracy or common plan“ to commit international crimes.
This was controversial because conspiracy was not part of the European civil law tradition. Nevertheless, the crime of conspiracy continued in international criminal justice and was included in international criminal laws against genocide. As we have already said, withdrawal after the common law is not a defence to a conspiracy charge. However, if the accused effectively withdraws while still guilty of the crime of conspiracy, he cannot be convicted for other crimes committed by the co-conspirators to promote the conspiracy. See Loser v. Superior Court, 78 Cal. App. 2d 30 (1947).