Reading Room Document

Prosecution of Ocean Freight Rebating Cases Under Conspiracy Statute

This document discusses the applicability of conspiracy prosecutions under 18 U.S.C. § 371 in cases involving ocean freight rebating. The conclusion reached is that the 1972 amendment to § 16 of the Shipping Act of 1916 does not preclude conspiracy prosecutions, but any such prosecution must be based on more than a minimal violation and must show harm to society beyond that presented by the substantive offense itself. The document presents questions for review, such as the nature and extent of the conspiracy, the number of parties involved, and the action taken by the Federal Maritime Commission. It also provides hypothetical cases to illustrate the considerations that should be taken into account when determining the appropriateness of conspiracy prosecutions in such cases.

January 19, 1978