Virginia is unique in that it has a criminal statute making it illegal for two or more persons to conspire to harm another person in his or her trade, business, or profession. Although the statute is a criminal statute, it gives rise to a civil lawsuit for treble damages, and I suspect that the statute is actually used more often in civil cases than in criminal cases. So, what is required to show a violation of the business conspiracy statute in Virginia?
First, it must be shown that the defendant and at least one other person acted in concert, agreed, associated, mutually undertook, or combined together for some purpose. Second, it must be shown that the conspirators intentionally, purposefully, and without lawful justification injured the plaintiff in his, her, or its reputation, trade, business, or profession. Third, it must be shown that the plaintiff actually suffered damage as a result of the conspiracy. If each of these elements is shown, the plaintiff may be entitled to recover treble damages plus attorney's fees as a result of the conspiracy.
Business conspiracy law is incredibly confusing in Virginia. The foregoing definition is a generalization. For you to understand whether you may have experienced a business conspiracy that may be redressed in court, you really need to have the matter evaluated by a Virginia attorney.
