Requirements for Withdrawal from a Conspiracy

Termination of participation in a conspiracy does not extinguish a participants liability for the continuing acts of coconspirators or for the continuing effects of the conspiracy. A conspirator may avoid further liability for acts and effects of the conspiracy only by withdrawing from it.

Withdrawal from an antitrust conspiracy requires more than cessation of the activity. ^[20] After having entered a conspiracy, a conspirator is presumed , as a matter of law, to remain a member of the conspiracy unless and until it undertakes affirmative steps, inconsistent with objects of the conspiracy, to disavow or to defeat the conspiratorial objectives. ^[21]

A comprehensive investigation of the nature and extent of the clients participation is essential to enable counsel to assess the clients exposure in criminal and civil proceedings and to make recommendations to the client about actions that must be taken to respond to the findings and conclusions of the investigation. Such an investigation will enable counsel to evaluate whether making a disclosure to law enforcement authorities will be the only effective option to accomplish withdrawal. And the investigation may enable counsel to advise the client whether notifying other coconspirators of the clients withdrawal will expose the client to economic retaliation by coconspirators or whether notice will trigger a race to report the conspiracy to law enforcement authorities.

^[20] Mortons Market, Inc. v. Gustafsons Dairy, Inc., 198 F.3d 823, 838 (11th Cir. 1999).

^[21] Id.