DOJ-OGR-00014626.jpg
643 KB
Extraction Summary
1
People
2
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
643 KB
Summary
This document is a jury instruction (Instruction No. 38) from a federal criminal case (1:20-cr-00330-PAE), filed on August 10, 2022. It instructs the jury on the legal principles of conspiracy, explaining that even a lawful act can be part of a conspiracy and that all members are liable for the foreseeable acts of their coconspirators done in furtherance of the scheme. The instruction clarifies that if the defendant is found to be a member of the conspiracy, the actions of other members can be used as evidence against them.
People (1)
| Name | Role | Context |
|---|---|---|
| defendant | defendant |
Mentioned as the individual against whom the acts and statements of coconspirators may be considered if found to have...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the document.
|
| DOJ-OGR | government agency |
Part of the document identifier number (DOJ-OGR-00014626) in the footer, suggesting it originated from or was process...
|
Timeline (2 events)
2022-08-10
Document 767, a jury instruction regarding conspiracy charges, was filed in case 1:20-cr-00330-PAE.
Southern District
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting agency, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (1)
coconspirator
→
legal (conspiracy)
→
coconspirator
The document states that when people enter a conspiracy, they "become agents or partners of one another in carrying out the conspiracy."
Key Quotes (3)
"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 is part of a jury instruction explaining how a lawful act can be considered an 'overt act' in a conspiracy.)
DOJ-OGR-00014626.jpg
Quote #1
"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 quote from Instruction No. 38 defines the legal relationship between coconspirators.)
DOJ-OGR-00014626.jpg
Quote #2
"All of the members are responsible for such acts, declarations, and statements, and omissions."Source
— The Court (implied)
(This quote establishes the principle of vicarious liability among members of a conspiracy for actions taken in furtherance of it.)
DOJ-OGR-00014626.jpg
Quote #3
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
LCKCmax9
Charge
LCKCmax9
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-00014626
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