This document is page 53 of 82 from a court filing dated December 17, 2021, in Case 1:20-cr-00330-PAE (USA v. Ghislaine Maxwell). The text contains Jury Instruction No. 37 regarding Counts One, Three, and Five, specifically defining the 'Fourth Element' of Conspiracy to Violate Federal Law. It instructs the jury that the Government must prove an 'overt act' was committed to further the conspiracy, clarifying that such an act does not need to be inherently criminal on its own.
| Name | Role | Context |
|---|---|---|
| Government | Prosecution |
The entity that must prove the element beyond a reasonable doubt.
|
| Conspirator | Defendant/Accomplice |
Generic reference to a person involved in the conspiracy who commits an overt act.
|
| Name | Type | Context |
|---|---|---|
| United States District Court |
Implied by the case citation format (1:20-cr-00330-PAE).
|
|
| DOJ |
Source of the document (Bates stamp DOJ-OGR-00008509).
|
"The fourth, and final, element which the Government must prove beyond a reasonable doubt is that the overt act was committed for the purpose of carrying out the unlawful agreement."Source
"In order for the Government to satisfy this element, it must prove, beyond a reasonable doubt, that at least one overt act was knowingly and willfully done, by at least one conspirator, in furtherance of some object or purpose of the conspiracy"Source
"you should bear in mind that the overt act, standing alone, may be an innocent, lawful act."Source
"You are therefore instructed that the overt act does not have to be an act which, in and of itself is criminal or constitutes an objective of the conspiracy."Source
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