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Legal document
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411 KB
Summary
This legal document discusses the existence of a conspiracy and the evidence needed to prove it. It mentions the Government's role in proving the conspiracy beyond a reasonable doubt, referencing Counts One, Three, and Five of the Indictment.
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| Government | Government Agency |
the Government must
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Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 44 of 82
1 In determining whether such an agreement existed, you may consider direct as well as
2 circumstantial evidence. The old adage, "Actions speak louder than words," applies here. Often,
3 the only evidence that is available with respect to the existence of a conspiracy is that of
4 disconnected acts and conduct on the part of the alleged individual co-conspirators. When taken
5 altogether and considered as whole, however, these acts and conduct may warrant the inference
6 that a conspiracy existed as conclusively as would direct proof, such as evidence of an express
7 agreement.
8 In short, as far as the first element of the conspiracy is concerned, the Government must
9 prove beyond a reasonable doubt that at least two alleged conspirators came to a mutual
10 understanding, either spoken or unspoken, to violate the law in the manner charged in Counts
11 One, Three, and Five of the Indictment.
2 circumstantial evidence. The old adage, "Actions speak louder than words," applies here. Often,
3 the only evidence that is available with respect to the existence of a conspiracy is that of
4 disconnected acts and conduct on the part of the alleged individual co-conspirators. When taken
5 altogether and considered as whole, however, these acts and conduct may warrant the inference
6 that a conspiracy existed as conclusively as would direct proof, such as evidence of an express
7 agreement.
8 In short, as far as the first element of the conspiracy is concerned, the Government must
9 prove beyond a reasonable doubt that at least two alleged conspirators came to a mutual
10 understanding, either spoken or unspoken, to violate the law in the manner charged in Counts
11 One, Three, and Five of the Indictment.
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DOJ-OGR-00008500
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