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Legal document
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436 KB
Summary
This document is a jury instruction (No. 37) from a federal criminal case, filed on December 18, 2021. It details the 'fourth element' of a conspiracy charge, explaining that the government must prove an 'overt act' was committed in furtherance of the conspiracy. The instruction clarifies to the jury that this overt act does not need to be illegal in itself and can be an otherwise innocent action.
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| Name | Type | Context |
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| Government | government agency |
Mentioned as the prosecuting party that must prove the elements of the crime.
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Key Quotes (2)
"In this regard, you should bear in mind that the overt act, standing alone, may be an innocent, lawful act."Source
— Court (as instruction to the jury)
(Explaining the nature of an 'overt act' in a conspiracy charge.)
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"You are therefore instructed that the overt act does not have to be an act which, in and of itself is criminal or constitutes an objective of the conspiracy."Source
— Court (as instruction to the jury)
(Clarifying the legal standard for an overt act required to prove conspiracy.)
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Quote #2
Full Extracted Text
Complete text extracted from the document (1,085 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 55 of 167
Instruction No. 37: Counts One, Three, and Five Two: Conspiracy to Violate Federal Law – Fourth Element
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.
In order for the Government to satisfy this element, it must prove, beyond a reasonable doubt, that at least one overt act was knowingly and willfully done, by at least one conspirator, in furtherance of some object or purpose of the conspiracy, as charged in the Indictment. In this regard, you should bear in mind that the overt act, standing alone, may be an innocent, lawful act. 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. You are therefore instructed that the overt act does not have to be an act which, in and of itself is criminal or constitutes an objective of the conspiracy.
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DOJ-OGR-00008593
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