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Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 54 of 82

1 Instruction No. 38: Counts One, Three, and Five – Liability for Acts and Declarations of
2 Co-Conspirators

3 When people enter into a conspiracy to accomplish an unlawful end, they become agents
4 or partners of one another in carrying out the conspiracy. Accordingly, the reasonably
5 foreseeable acts, declarations, statements, and omissions of any member of the conspiracy and in
6 furtherance of the common purpose of the conspiracy are deemed under the law to be the acts of
7 all of the members. All of the members are responsible for such acts, declarations, statements,
8 and omissions.

9 If you find beyond a reasonable doubt that the Defendant knowingly and willfully
10 participated in the conspiracy charged in the Indictment, then any acts done or statements made
11 in furtherance of the conspiracy by persons also found by you to have been members of that
12 conspiracy may be considered against the Defendant. This is so even if such acts were done and
13 statements were made in the Defendant’s absence and without her knowledge. However, before
14 you may consider the statements or acts of a co-conspirator in deciding the issue of the
15 Defendant’s guilt, you must first determine that the acts and statements were made during the
16 existence and in furtherance of the unlawful scheme. If the acts were done or the statements
17 made by someone whom you do not find to have been a member of the conspiracy at the time of
18 the acts or statements, or if they were not done or said in furtherance of the conspiracy, they may
19 not be considered by you as evidence against the Defendant.

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