DOJ-OGR-00008661.pdf

--- Page 1 --- The extracted text is: **Case 1:20-cr-00330-PAE** **Document 563** **Filed 12/18/21** **Page 123 of 167** **Instruction No. 31: Counts One, Three, and Five: Conspiracy to Violate Federal Laws - Conspiracy and Substantive Counts** 1. Counts One, Three, and Five of the Indictment each charge Ms. Maxwell with 2. participating in a "conspiracy." The relevant statute for Counts One, Three, and Five is Title 18, 3. United States Code, Section 371, which provides that "if two or more people conspire [] to 4. commit any offense against the United States ... and one or more of such persons do any act to 5. effect the object of the conspiracy," each person is guilty of a federal crime. 6. As I will explain, a conspiracy is a kind of criminal partnership—an agreement of two or 7. more people to join together to accomplish some unlawful purpose. The crime of conspiracy to 8. violate federal law is an independent offense. It is separate and distinct from the actual 9. violation of any specific federal laws, which the law refers to as "substantive crimes." Indeed, 10. you may find Ms. Maxwell guilty of conspiring to violate federal law even if you find that the 11. crime which was the object of the conspiracy was never actually committed. 12. As I will explain, the three different conspiracy counts are separate offenses and each 13. conspiracy alleges a different purpose, which I will describe to you shortly. **40** **DOJ-OGR-00008661**