MULTIPLE CONSPIRACIES

- There are two structures of multiple conspiracies, namely: wheel or circle conspiracy and
chain conspiracy.

UNDER THE WHEEL OR CIRCLE CONSPIRACY, there is a single person or group (the
"hub") dealing individually with two or more other persons or groups (the "spokes"). An
illustration of wheel conspiracy wherein there is only one conspiracy involved was the
conspiracy alleged in the information for plunder filed against former President Estrada
and his co-conspirators. Former President Estrada was the hub while the spokes were all
the other accused individuals. The rim that enclosed the spokes was the common goal in
the overall conspiracy, i.e., the amassing, accumulation and acquisition of ill-gotten wealth
(GMA vs. People, G.R. No. 220598, July 19, 2016).

 More than 70 years ago, the United States Supreme Court looked to limit and define
the proper scope of federal conspiracy law through the case of Kotteakos v United
States. The Supreme Court held in Kotteakos that in order to properly charge a single
conspiracy, all co-conspirators that are linked with a common individual must also
be linked with each other. If the co- conspirators are not linked to each other in some
way, then this would result in a number of smaller conspiracies. The decision in
Kotteakos saw the Supreme Court liken a conspiracy to a wheel where the “hub” is
the common individual and the “spokes” are each individual conspirator. Each
“spoke” is connected to a common “hub.” In order for them to all be together in a
single conspiracy it would require a “rim” to connect them which refers to a
common goal in the overall conspiracy. This has come to be known as the “hub,
spokes, and rim” defense to conspiracy. The whole point of the holding in Kotteakos
is that in order for people to be in a conspiracy with each other it has to be shown
that they knowingly entered into an agreement together to commit a crime. When
people are accused of being in a conspiracy together, they are often tried together in a
trial. Aside from the potentially higher punishment for actions of the whole
conspiracy, this practice also subjects people to unfair prejudice when they aren’t
part of a grander conspiracy as alleged.

UNDER THE CHAIN CONSPIRACY, usually involving the distribution of narcotics or other
contraband, in which there is successive communication and cooperation in much the
same way as with legitimate business operations between manufacturer and wholesaler,
then wholesaler and retailer, and then retailer and consumer (Fernan, Jr. vs. People,
G.R. No. 145927, August 24, 2007; 2016 Bar Exam).

 refers to several conspirators participating in a single conspiracy. Each person

(conspirator) is responsible for a single act and has a different role in the overall
crime or conspiracy. The classic example of a chain conspiracy is the sale of
narcotics. The producer or manufacturer, the importer, the wholesaler, and the
distributor are all on the chain to sell and distribute narcotics. All participants are
 interested in the overall scheme and are liable for all other participants’ acts in
furtherance of that scheme.

PRODUCER/MANUFACTURERIMPORTER => IMPORTER  WHOLESALER =>

WHOLESALER DISTRIBUTOR => DISTRIBUTOR  CONSUMER/CUSTOMER