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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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Quotes
Document Information
Type:
Legal document
File Size:
703 KB
Summary
This legal document, part of a court filing from December 19, 2021, appears to be jury instructions related to the case against Ms. Maxwell. It carefully defines what constitutes membership in a criminal conspiracy, clarifying that mere presence, knowledge, or association with conspirators is not sufficient for a conviction. The text emphasizes that the prosecution must prove the defendant actively participated with knowledge of the conspiracy's unlawful goals and an intent to help achieve them.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned throughout as the subject of legal instructions regarding her alleged participation in a conspiracy.
|
Timeline (1 events)
An alleged conspiracy that Ms. Maxwell is accused of being a member of. The document outlines the legal definition of participation in this conspiracy.
Ms. Maxwell
one or more members of a conspiracy
Relationships (1)
The document discusses the conditions under which Ms. Maxwell could be considered a member of a conspiracy, noting that a person may 'know, assemble with, or be friendly with, one or more members of a conspiracy, without being a conspirator herself.'
Full Extracted Text
Complete text extracted from the document (2,077 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 49 of 83
1 I want to caution you, however, that Ms. Maxwell’s mere presence at the scene of the
2 alleged crime does not, by itself, make her a member of the conspiracy. Similarly, a person may
3 know, assemble with, or be friendly with, one or more members of a conspiracy, without being a
4 conspirator herself. I also want to caution you that mere knowledge or acquiescence, without
5 participation, in the unlawful plan is not sufficient. In other words, knowledge without agreement
6 and participation is not sufficient. What is necessary is that Ms. Maxwell participate in the
7 conspiracy with knowledge of its unlawful purposes, and with an intent to aid in the
8 accomplishment of its unlawful objectives.
9 It is also not necessary that Ms. Maxwell receive or even anticipate any financial benefit
10 from participating in the conspiracy as long as she participated in it in the way I have explained.
11 That said, while proof of a financial interest in the outcome of a scheme is not essential, if you
12 find that Ms. Maxwell had such an interest, that is a factor which you may properly consider in
13 determining whether or not she was a member of a conspiracy charged in the Indictment.
14 Once a conspiracy is formed, it is presumed to continue until either its objective is
15 accomplished or there is some affirmative act of termination by the members. So too, once a
16 person is found to be a member of a conspiracy, she is presumed to continue as a member in the
17 conspiracy until the conspiracy is terminated, unless it is shown by some affirmative proof that
18 the person withdrew and disassociated herself from it.
19 In sum, the defendant, with an understanding of the unlawful nature of the conspiracy, may
20 have intentionally engaged, advised, or assisted in the conspiracy for the purpose of furthering an
21 illegal undertaking. The defendant thereby becomes a knowing and willing participant in the
22 unlawful agreement—that is to say, she becomes a conspirator.
2 alleged crime does not, by itself, make her a member of the conspiracy. Similarly, a person may
3 know, assemble with, or be friendly with, one or more members of a conspiracy, without being a
4 conspirator herself. I also want to caution you that mere knowledge or acquiescence, without
5 participation, in the unlawful plan is not sufficient. In other words, knowledge without agreement
6 and participation is not sufficient. What is necessary is that Ms. Maxwell participate in the
7 conspiracy with knowledge of its unlawful purposes, and with an intent to aid in the
8 accomplishment of its unlawful objectives.
9 It is also not necessary that Ms. Maxwell receive or even anticipate any financial benefit
10 from participating in the conspiracy as long as she participated in it in the way I have explained.
11 That said, while proof of a financial interest in the outcome of a scheme is not essential, if you
12 find that Ms. Maxwell had such an interest, that is a factor which you may properly consider in
13 determining whether or not she was a member of a conspiracy charged in the Indictment.
14 Once a conspiracy is formed, it is presumed to continue until either its objective is
15 accomplished or there is some affirmative act of termination by the members. So too, once a
16 person is found to be a member of a conspiracy, she is presumed to continue as a member in the
17 conspiracy until the conspiracy is terminated, unless it is shown by some affirmative proof that
18 the person withdrew and disassociated herself from it.
19 In sum, the defendant, with an understanding of the unlawful nature of the conspiracy, may
20 have intentionally engaged, advised, or assisted in the conspiracy for the purpose of furthering an
21 illegal undertaking. The defendant thereby becomes a knowing and willing participant in the
22 unlawful agreement—that is to say, she becomes a conspirator.
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DOJ-OGR-00008755
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