Pinkerton liability
Encyclopedia
The Pinkerton liability rule was pronounced in Pinkerton v. United States
, a case in the Supreme Court of the United States
. Walter and Daniel Pinkerton were brothers who were charged with violations of the Internal Revenue Code
. The indictment alleged the Pinkertons committed one conspiracy
count and the ten substantive counts. A jury found each of them guilty of the conspiracy and several of the substantive counts. The main issue arose from the facts that there was no evidence to show Daniel Pinkerton participated directly in the commission of the substantive offenses although there was evidence showing these substantive offenses were in fact committed by Walter Pinkerton in furtherance of the unlawful agreement or conspiracy existing between the brothers.
The question was submitted to the jury on the theory that each brother could be found guilty of the substantive offenses if it were found at the time those offenses were committed the brothers were parties to an unlawful conspiracy and the substantive offenses were, in fact, committed in furtherance of it. Daniel Pinkerton was not indicted as an aider or abettor, nor was his case submitted to the jury on that theory.
Daniel argued United States v. Sall in support of his contention that participation in the conspiracy is not in itself enough to sustain a conviction for the substantive offense even though it was committed in furtherance of the conspiracy. Sall held that, in addition to evidence that the offense was in fact committed in furtherance of the conspiracy, evidence of direct participation in the commission of the substantive offense or other evidence from which participation might fairly be inferred was necessary.
The Supreme Court took a different view. It noted the facts showed a continuous conspiracy with no evidence that Daniel attempted to withdraw from it. Therefore, he continued to offend. So long as the partnership in crime continues, the partners act for each other in carrying it forward, and an overt act
of one partner may be the act of all without any new agreement specifically directed to that act. The criminal intent to do an illegal act by one of the conspirators in furtherance of the unlawful project is established by the formation of the conspiracy. Each conspirator instigates the commission of the crime. The unlawful agreement contemplated what was done in the substantive acts, the substantive crimes were performed in the execution of the enterprise.
Similar to the rule of aiding and abetting
, the overt acts of one partner in a conspiracy is attributable to all partners. The court concluded that if an overt act, which is an essential ingredient to a conspiracy, can be supplied by one conspirator, then likewise the same or other acts in furtherance of the conspiracy should be attributable to the others for the purpose of holding them responsible for the substantive offense(s).
The court did note that a different result would arise if the substantive offense committed by one of the conspirators was not, in fact, done in furtherance of the conspiracy, did not fall within the scope of the unlawful project, or was merely a part of the ramifications of the plan which could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement.
The rule of Pinkerton does service where the conspiracy is one to commit offenses of the character described in the substantive charges. Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act whether or not there is a conspiracy. And if a conspiracy is also charged, it makes no difference so far as aiding and abetting is concerned whether the substantive offense is done pursuant to the conspiracy. Pinkerton is narrow in its scope. Aiding and abetting rests on a broader base. It states a rule of criminal responsibility for acts which one assists another in performing. The fact that a particular case might conceivably be submitted to the jury on either theory is irrelevant. It is sufficient if the proof adduced and the basis on which it was submitted were sufficient to support the verdicts.
Pinkerton v. United States
Pinkerton v. United States, 328 U.S. 640 , is a case in the Supreme Court of the United States. The case enunciated the principle of Pinkerton liability, a prominent concept in the law of conspiracy.-History:...
, a case in the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Walter and Daniel Pinkerton were brothers who were charged with violations of the Internal Revenue Code
Internal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
. The indictment alleged the Pinkertons committed one conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
count and the ten substantive counts. A jury found each of them guilty of the conspiracy and several of the substantive counts. The main issue arose from the facts that there was no evidence to show Daniel Pinkerton participated directly in the commission of the substantive offenses although there was evidence showing these substantive offenses were in fact committed by Walter Pinkerton in furtherance of the unlawful agreement or conspiracy existing between the brothers.
The question was submitted to the jury on the theory that each brother could be found guilty of the substantive offenses if it were found at the time those offenses were committed the brothers were parties to an unlawful conspiracy and the substantive offenses were, in fact, committed in furtherance of it. Daniel Pinkerton was not indicted as an aider or abettor, nor was his case submitted to the jury on that theory.
Daniel argued United States v. Sall in support of his contention that participation in the conspiracy is not in itself enough to sustain a conviction for the substantive offense even though it was committed in furtherance of the conspiracy. Sall held that, in addition to evidence that the offense was in fact committed in furtherance of the conspiracy, evidence of direct participation in the commission of the substantive offense or other evidence from which participation might fairly be inferred was necessary.
The Supreme Court took a different view. It noted the facts showed a continuous conspiracy with no evidence that Daniel attempted to withdraw from it. Therefore, he continued to offend. So long as the partnership in crime continues, the partners act for each other in carrying it forward, and an overt act
Overt Act
In criminal law, an overt act , an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime...
of one partner may be the act of all without any new agreement specifically directed to that act. The criminal intent to do an illegal act by one of the conspirators in furtherance of the unlawful project is established by the formation of the conspiracy. Each conspirator instigates the commission of the crime. The unlawful agreement contemplated what was done in the substantive acts, the substantive crimes were performed in the execution of the enterprise.
Similar to the rule of aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
, the overt acts of one partner in a conspiracy is attributable to all partners. The court concluded that if an overt act, which is an essential ingredient to a conspiracy, can be supplied by one conspirator, then likewise the same or other acts in furtherance of the conspiracy should be attributable to the others for the purpose of holding them responsible for the substantive offense(s).
The court did note that a different result would arise if the substantive offense committed by one of the conspirators was not, in fact, done in furtherance of the conspiracy, did not fall within the scope of the unlawful project, or was merely a part of the ramifications of the plan which could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement.
The rule of Pinkerton does service where the conspiracy is one to commit offenses of the character described in the substantive charges. Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act whether or not there is a conspiracy. And if a conspiracy is also charged, it makes no difference so far as aiding and abetting is concerned whether the substantive offense is done pursuant to the conspiracy. Pinkerton is narrow in its scope. Aiding and abetting rests on a broader base. It states a rule of criminal responsibility for acts which one assists another in performing. The fact that a particular case might conceivably be submitted to the jury on either theory is irrelevant. It is sufficient if the proof adduced and the basis on which it was submitted were sufficient to support the verdicts.
External links
- http://wings.buffalo.edu/law/bclc/web/pinkerton.htm
- http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm02482.htm