Here is an esoteric question for you all:

I want to charge two "gentlemen" with Eng. in Org. Crim. Act. for basically being heavily involved with two others who were driving a car with a kilo of cocaine. My question is this. The Penal Code has this little sentence that I'm trying to make sense of. We can charge someone with Enganging in Org. Crim. Act. under subsection (a)(5) for possession of a controlled substance "through forgery, fraud, misrepresentation, or deception." Does anyone have an experience with this section? Do I have to prove that these criminals got their cocaine through fraud or forgery because simply buying it isn't good enough? It seems as though I can allege delivery of a controlled substance and forgoe the "fraud requirement."

Any help would be greatly appreciated.

I think that drug offense refers to what we normally understand as Prescription Fraud. I'm pretty sure there is no prescription for a kilo of cocaine. At least not here in the USA.

If the two main actors were involved or intended to be involved in manufacture or delivery, then that is what needs to be alleged as the object offense of the combination and for a conspiracy to commit you would only need to allege an overt act that was pursuant to the agreement. But, if all you can prove was mere possession then an offense under 481.115- .118 won't work for OCA, rather it appears it must be an offense under 481.129(5).

Thank you all, time to reindict!