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Extraction Summary
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Document Information
Type:
Legal document
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437 KB
Summary
This legal document is a jury instruction (Instruction No. 37) from a federal criminal case, filed on December 19, 2021. It details the fourth element the prosecution must prove for a conspiracy charge: that an 'overt act' was knowingly committed by a conspirator to advance the unlawful agreement. The instruction clarifies that this act does not need to be inherently criminal, as even a seemingly innocent action can qualify if it is part of the broader conspiratorial scheme.
Organizations (1)
| Name | Type | Context |
|---|---|---|
| The Government | Government agency |
Mentioned as the prosecuting party that must prove the elements of the crime beyond a reasonable doubt.
|
Timeline (2 events)
2021-12-19
Filing of Document 565, Instruction No. 37, in case 1:20-cr-00330-PAE.
The document describes the legal requirements for proving a conspiracy to violate federal law, specifically the 'fourth element' which is the commission of an overt act.
The Government
conspirator
Relationships (1)
The document outlines the burden of proof the Government has to meet to convict a conspirator.
Key Quotes (2)
"The fourth, and final, element which the Government must prove beyond a reasonable doubt is that the overt act was committed for the purpose of carrying out the unlawful agreement."Source
— The Court (implied)
(This quote defines the fourth element of conspiracy that the jury must consider.)
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Quote #1
"Frequently, however, an apparently innocent act sheds its harmless character if it is a step in carrying out, promoting, aiding or assisting the conspiratorial scheme."Source
— The Court (implied)
(This quote explains to the jury how a lawful act can be considered an 'overt act' in furtherance of a conspiracy.)
DOJ-OGR-00008759.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,107 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 53 of 83
1 Instruction No. 37: Counts One, Three, and Five: Conspiracy to Violate Federal Law –
2 Fourth Element
2 Fourth Element
3 The fourth, and final, element which the Government must prove beyond a reasonable
4 doubt is that the overt act was committed for the purpose of carrying out the unlawful agreement.
4 doubt is that the overt act was committed for the purpose of carrying out the unlawful agreement.
5 In order for the Government to satisfy this element, it must prove, beyond a reasonable
6 doubt, that at least one overt act was knowingly and willfully done, by at least one conspirator, in
7 furtherance of some object or purpose of the conspiracy, as charged in the Indictment. In this
8 regard, you should bear in mind that the overt act, standing alone, may be an innocent, lawful
9 act. Frequently, however, an apparently innocent act sheds its harmless character if it is a step in
10 carrying out, promoting, aiding or assisting the conspiratorial scheme. You are therefore
11 instructed that the overt act does not have to be an act which, in and of itself is criminal or
12 constitutes an objective of the conspiracy.
6 doubt, that at least one overt act was knowingly and willfully done, by at least one conspirator, in
7 furtherance of some object or purpose of the conspiracy, as charged in the Indictment. In this
8 regard, you should bear in mind that the overt act, standing alone, may be an innocent, lawful
9 act. Frequently, however, an apparently innocent act sheds its harmless character if it is a step in
10 carrying out, promoting, aiding or assisting the conspiratorial scheme. You are therefore
11 instructed that the overt act does not have to be an act which, in and of itself is criminal or
12 constitutes an objective of the conspiracy.
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DOJ-OGR-00008759
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