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Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 221 of 257 3055
LCKCmax9 Charge

1 Ms. Maxwell had such an interest, that is a factor which you
2 may properly consider in determining whether or not she was a
3 member of the conspiracy charged in the indictment.
4 Once a conspiracy is formed, it is presumed to
5 continue until either its objective is accomplished or there is
6 some affirmative act of termination by the members. So too,
7 once a person is found to be a member of a conspiracy, she is
8 presumed to continue as a member in that conspiracy until the
9 conspiracy is terminated unless it's shown by some affirmative
10 proof that the person withdrew and disassociated herself
11 prosecute it.
12 In sum, the defendant, with an understanding of the
13 unlawful nature of the conspiracy, may have intentionally
14 engaged, advised, or assisted in the conspiracy for the purpose
15 of furthering an illegal undertaking. The defendant thereby
16 becomes a knowing and willful participant in the unlawful
17 agreement, that is to say, she becomes a conspirator.
18 Instruction No. 36: Counts One, Three, and Five:
19 Conspiracy to Violate Federal Law - Third Element.
20 The third element that the government must prove
21 beyond a reasonable doubt to establish the offense of
22 conspiracy is that at least one overt act was knowingly
23 committed by at least one of the conspirators. The overt act
24 element requires the government to show something more than
25 mere agreement. Some overt step or action must have been taken

SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300

DOJ-OGR-00017242