The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes. An individual may be charged with one or both of these offenses.

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The Pinkerton rule, derived from Pinkerton v. United States, holds that a conspirator can be held liable for crimes committed by other conspirators if those crimes were committed in furtherance of the conspiracy and were foreseeable. This rule indeed recognizes the conspiracy and the substantive crime as separate offenses, allowing for charges on either or both.

The Pinkerton Rule Provides That a Conspiracy to Commit a Crime