Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
The people should be subject to the jurisdiction of the state/United States if the conspiring occurred in within the state/United States.
Carrying out the acts in another country would subject the people to charges in that country for their actions there. But, conspiracy is a separate charge and could be prosecuted wherever the conspiring occurred.
Whether or not jurisdiction is federal or state would depend on the subject matter of the conspiracy.
Generally, if the action is against the United States, it would be a federal crime: http://www.law.cornell.edu/uscode/text/18/371
However, every state has criminal conspiracy statutes that could be prosecuted at the state level. I see that you're in Texas. Here is a link to its statute: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.15.htm
It is also possible that different states or even countries could have jurisdiction to prosecute this. It just depends on the facts of the case.
Is there a civil claim that could be made? Again, this is in Texas
Yes, there is a civil remedy as well.
Here's a good link to read about this under Texas law: http://www.texas-opinions.com/law-civil-conspiracy.html
So, if the underlying action is unlawful in the foreign country, does there need to be an underlying local action as well? In other words, the fraud was committed abroad, but for a civil conspiracy, does there need to be evidence that the conspirators broke a texas law? Or is the foreign breach of law enough?
Yes, it would have to be proven that Texas law was broken to sue in Texas.
Otherwise, you'd have to sue under the law of the country where the unlawful actions occurred.
So could the suit be brought in Texas without the underlying tort?
You can't use the law of a foreign country (or even another state) as a basis for a suit in Texas. You'd have to use the law of that jurisdiction.
But would both torts need to be filed: fraud and conspiracy, or could just conspiracy be filed.
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