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Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 227 of 257 3061
LCKCmax9 Charge

1 acts were done and statements were made in the defendant's
2 absence and without her knowledge. However, before you may
3 consider the statements or act of a coconspirator in deciding
4 the issue of the defendant's guilt, you must first determine
5 that the acts and statements were made during the existence and
6 if in furtherance of the unlawful scheme. If the acts were
7 done or the statements made by someone whom you do not find to
8 have been a member of the conspiracy at the time of the acts or
9 statements or if they were not done or said in furtherance of
10 the conspiracy, they may not be considered by you as evidence
11 against the defendant.
12 Instruction No. 39: Conscious Avoidance.
13 This includes my instruction on the crimes charged in
14 the indictment, but before I move on to my remaining
15 instructions, I want to instruct you on the instruction of
16 conscious avoidance.
17 Each of the counts charged in the indictment requires
18 the government to prove the defendant acted knowingly. As I've
19 already defined that term, if a person is actually aware of a
20 fact, then she knows that fact, but in determining whether the
21 defendant acted knowingly, you may also consider whether the
22 defendant deliberately closed her eyes to what otherwise would
23 have been obvious.
24 To be clear, the necessary knowledge on the part of
25 the defendant with respect to any particular charge cannot be

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

DOJ-OGR-00014627