DOJ-OGR-00017247.jpg
643 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
643 KB
Summary
This document is a page from a legal filing, specifically a jury instruction (Instruction No. 38) from case 1:20-cr-00330-PAE, filed on August 10, 2022. The instruction explains the concept of coconspirator liability, informing the jury that members of a conspiracy are legally considered partners and are responsible for the foreseeable acts and statements of all other members made in furtherance of the conspiracy. It directs that such acts can be considered as evidence against a defendant if they are found to have participated in the conspiracy.
People (1)
| Name | Role | Context |
|---|---|---|
| defendant | defendant |
Mentioned as the subject of the jury's finding regarding participation in a conspiracy.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceedings.
|
Timeline (1 events)
2022-08-10
Document 767, a court charge, was filed in case 1:20-cr-00330-PAE.
Relationships (1)
coconspirator
→
legal (co-conspirators)
→
coconspirator
The document states that members of a conspiracy "become agents or partners of one another" and are legally responsible for each other's actions in furtherance of the conspiracy.
Key Quotes (2)
"When people enter into a conspiracy to accomplish an unlawful end, they become agents or partners of one another in carrying out the conspiracy."Source
— The Court (implied)
(This is part of Instruction No. 38, explaining the legal basis for coconspirator liability to the jury.)
DOJ-OGR-00017247.jpg
Quote #1
"All of the members are responsible for such acts, declarations, and statements, and omissions."Source
— The Court (implied)
(This sentence summarizes the core principle of coconspirator liability as instructed to the jury.)
DOJ-OGR-00017247.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,629 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 226 of 257 3060
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Charge
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Charge
1 conspiracy as charged in the indictment.
2 In this regard, you should bear in mind that the overt
3 act, standing alone, may be an innocent, lawful act.
4 Frequently, however, an apparently innocent act sheds its
5 harmless character if it is a step in carrying out, promoting,
6 aiding, or assisting the conspiratorial scheme. You are
7 therefore instructed that the overt act does not have to be an
8 act which, in and of itself, is criminal or constitutes an
9 objective of the conspiracy.
10 Instruction No. 38: Counts One, Three, and Five:
11 Liability for Acts and Declarations of Coconspirators.
12 When people enter into a conspiracy to accomplish an
13 unlawful end, they become agents or partners of one another in
14 carrying out the conspiracy. Accordingly, the reasonably
15 foreseeable acts, declarations, statements, and omissions of
16 any member of the conspiracy and in furtherance of the common
17 purse purpose of the conspiracy are deemed under the law to be
18 acts of all of the members. All of the members are responsible
19 for such acts, declarations, and statements, and omissions.
20 If you find beyond a reasonable doubt that the
21 defendant knowingly and willfully participated in the
22 conspiracy charged in the indictment, then any acts done or
23 statements made in furtherance of the conspiracy by persons
24 also found by you to have been members of that conspiracy may
25 be considered against the defendant. That is so even if such
2 In this regard, you should bear in mind that the overt
3 act, standing alone, may be an innocent, lawful act.
4 Frequently, however, an apparently innocent act sheds its
5 harmless character if it is a step in carrying out, promoting,
6 aiding, or assisting the conspiratorial scheme. You are
7 therefore instructed that the overt act does not have to be an
8 act which, in and of itself, is criminal or constitutes an
9 objective of the conspiracy.
10 Instruction No. 38: Counts One, Three, and Five:
11 Liability for Acts and Declarations of Coconspirators.
12 When people enter into a conspiracy to accomplish an
13 unlawful end, they become agents or partners of one another in
14 carrying out the conspiracy. Accordingly, the reasonably
15 foreseeable acts, declarations, statements, and omissions of
16 any member of the conspiracy and in furtherance of the common
17 purse purpose of the conspiracy are deemed under the law to be
18 acts of all of the members. All of the members are responsible
19 for such acts, declarations, and statements, and omissions.
20 If you find beyond a reasonable doubt that the
21 defendant knowingly and willfully participated in the
22 conspiracy charged in the indictment, then any acts done or
23 statements made in furtherance of the conspiracy by persons
24 also found by you to have been members of that conspiracy may
25 be considered against the defendant. That is so even if such
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017247
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