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703 KB
Extraction Summary
2
People
2
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Court filing / jury instructions
File Size:
703 KB
Summary
This document contains page 49 (marked as page 48 internally) of a court filing from the Ghislaine Maxwell trial (Case 1:20-cr-00330-PAE), dated December 17, 2021. It outlines jury instructions regarding the legal definition of conspiracy participation, clarifying that 'mere presence' or 'knowledge' is insufficient for conviction without intent and participation. It also notes that receiving a financial benefit is not required to prove conspiracy, though it can be a factor.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the jury instructions regarding conspiracy charges; referred to as 'Ms. Maxwell' and 'the defendant'.
|
| Judge (implied) | Presiding Judge |
Speaker giving instructions ('I want to caution you', 'I have explained').
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
Indicated by Bates stamp 'DOJ-OGR-00008505'.
|
|
| US District Court |
Implied by Case number 1:20-cr-00330-PAE.
|
Timeline (1 events)
Relationships (1)
Draft instructions discussing whether she assembled with or was friendly with members of a conspiracy.
Key Quotes (4)
"Ms. Maxwell’s mere presence at the scene of the alleged crime does not, by itself, make her a member of the conspiracy."Source
DOJ-OGR-00008505.jpg
Quote #1
"What is necessary is that Ms. Maxwell participate in the conspiracy with knowledge of its unlawful purposes, and with an intent to aid in the accomplishment of its unlawful objectives."Source
DOJ-OGR-00008505.jpg
Quote #2
"It is also not necessary that Ms. Maxwell receive or even anticipate any financial benefit from participating in the conspiracy"Source
DOJ-OGR-00008505.jpg
Quote #3
"Once a conspiracy is formed, it is presumed to continue until either its objective is accomplished or there is some affirmative act of termination by the members."Source
DOJ-OGR-00008505.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,160 characters)
Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 49 of 82
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.
48
DOJ-OGR-00008505
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