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658 KB
Extraction Summary
2
People
2
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court document (jury instructions/legal filing)
File Size:
658 KB
Summary
This document is page 41 of 167 from a court filing (Document 563) in the case United States v. Ghislaine Maxwell, filed on December 18, 2021. It contains legal instructions outlining the standards for 'aiding and abetting,' specifically clarifying that mere presence or knowledge of a crime is insufficient for conviction; the Government must prove the defendant took willful action to help the crime succeed. The page ends with the first of a series of questions for the jury to consider regarding Maxwell's participation.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
The person charged with offenses; the subject of the aiding and abetting instructions.
|
| Another Person | Primary Perpetrator |
Unnamed individual who committed the primary crime that Maxwell is accused of aiding and abetting (implied to be Jeff...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Government |
The entity required to prove the defendant associated herself with the crime.
|
|
| DOJ-OGR |
Department of Justice - Office of Government Relations (indicated by Bates stamp).
|
Timeline (1 events)
2021-12-18
Filing of Document 563 in Case 1:20-cr-00330-PAE
Southern District of New York (implied by case ID format)
Relationships (1)
Text discusses whether Maxwell 'aided, abetted, counseled, commanded, induced or procured that person to commit the crime.'
Key Quotes (3)
"To aid or abet another to commit a crime, it is necessary that the Government prove that the Defendant willfully and knowingly associated herself in some way with the crime committed by the other person"Source
DOJ-OGR-00008579.jpg
Quote #1
"the mere presence of the defendant where a crime is being committed... is not sufficient to make the defendant guilty"Source
DOJ-OGR-00008579.jpg
Quote #2
"An aider and abettor must know that the crime is being committed and act in a way that is intended to bring about the success of a criminal venture."Source
DOJ-OGR-00008579.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,000 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 41 of 167
1 offense with which Ms. Maxwell is charged, and that Ms. Maxwell aided, abetted, counseled,
2 commanded, induced or procured that person to commit the crime.
3 As you can see, the first requirement is that another person has committed the crime
4 charged. Obviously, no one can be convicted of aiding and abetting the criminal acts of another
5 if no crime was committed by the other person. But if you do find that a crime was committed,
6 then you must consider whether Ms. Maxwell aided or abetted the commission of the crime.
7 To aid or abet another to commit a crime, it is necessary that the Government prove that
8 the Defendant willfully and knowingly associated herself in some way with the crime committed
9 by the other person and willfully and knowingly sought by some act to help the crime succeed.
10 However, let me caution you that the mere presence of the defendant where a crime is
11 being committed, even when coupled with knowledge by the defendant that a crime is being
12 committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with
13 guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding
14 and abetting. Such a defendant would be guilty under this approach of aiding and abetting only
15 if, in addition to knowing of the criminal activity, she actually took actions intended to help it
16 succeed.
17 An aider and abettor must know that the crime is being committed and act in a way that is
18 intended to bring about the success of a criminal venture.
19 To determine whether Ms. Maxwell aided or abetted the commission of the crime with
20 which she is charged, ask yourself these questions:
21 1. Did the Defendant participate in the crime charged as something she wished to
22 bring about?
2 commanded, induced or procured that person to commit the crime.
3 As you can see, the first requirement is that another person has committed the crime
4 charged. Obviously, no one can be convicted of aiding and abetting the criminal acts of another
5 if no crime was committed by the other person. But if you do find that a crime was committed,
6 then you must consider whether Ms. Maxwell aided or abetted the commission of the crime.
7 To aid or abet another to commit a crime, it is necessary that the Government prove that
8 the Defendant willfully and knowingly associated herself in some way with the crime committed
9 by the other person and willfully and knowingly sought by some act to help the crime succeed.
10 However, let me caution you that the mere presence of the defendant where a crime is
11 being committed, even when coupled with knowledge by the defendant that a crime is being
12 committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with
13 guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding
14 and abetting. Such a defendant would be guilty under this approach of aiding and abetting only
15 if, in addition to knowing of the criminal activity, she actually took actions intended to help it
16 succeed.
17 An aider and abettor must know that the crime is being committed and act in a way that is
18 intended to bring about the success of a criminal venture.
19 To determine whether Ms. Maxwell aided or abetted the commission of the crime with
20 which she is charged, ask yourself these questions:
21 1. Did the Defendant participate in the crime charged as something she wished to
22 bring about?
40
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