DOJ-OGR-00008512.pdf

--- Page 1 --- **Document Header** * Case Number: 1:20-cr-00330-PAE * Document Number: 562 * Filed Date: 12/17/21 * Page Number: 56 of 82 **Page Content** * **Paragraph 1** + Responsibility for her own conduct by "deliberately closing her eyes," or remaining purposefully ignorant of facts which would confirm to her that she was engaged in unlawful conduct. * **Paragraph 2** + With respect to the conspiracy counts, you must also keep in mind that there is an important difference between knowingly and intentionally participating in a conspiracy, on the one hand—and which I just explained to you—and knowing the specific objective of the conspiracy, on the other. You may consider conscious avoidance in deciding whether the Defendant knew the objective of a conspiracy, that is, whether she reasonably believed that there was a high probability that a goal of the conspiracy was to commit the crime charged as objects of the conspiracy and took deliberate and conscious action to avoid confirming that fact but participated in the conspiracy anyway. But conscious avoidance cannot be used as a substitute for finding that the Defendant knowingly and intentionally joined the conspiracy in the first place. It is logically impossible for a defendant to intend and agree to join a conspiracy if she does not actually know it exists. * **Paragraph 3** + In sum, if you find that the Defendant believed there was a high probability that a fact was so and that the Defendant took deliberate and conscious action to avoid learning the truth of that fact, you may find that the Defendant acted knowingly with respect to that fact. However, if you find that the Defendant actually believed the fact was not so, then you may not find that she acted knowingly with respect to that fact. * **Page Number** + 55 **Footer** * DOJ-OGR-00008512