{
  "document_metadata": {
    "page_number": "55",
    "document_number": "410-1",
    "date": "11/04/21",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 55 of 93\n\nprovided she was herself a participant.\n\nI want to caution you, however, that Ms. Maxwell's the defendant's mere presence at the scene of the alleged crime does not, by itself, make her a member of the conspiracy. Similarly, a person may know, assemble with, or be friendly with, one or more members of a conspiracy, without being a conspirator herself. I also want to caution you that mere knowledge or acquiescence, without participation, in the unlawful plan is not sufficient. In other words, knowledge without agreement and participation is not sufficient. What is necessary is that Ms. Maxwell the defendant participate in the conspiracy with knowledge of its unlawful purposes, and with an intent to aid in the accomplishment of its unlawful objectives.\n\nIt is also not necessary that Ms. Maxwell the defendant receive or even anticipate any financial benefit from participating in the conspiracy as long as she participated in it in the way I have explained. That said, while proof of a financial interest in the outcome of a scheme is not essential, if you find that Ms. Maxwell the defendant had such an interest, that is a factor which you may properly consider in determining whether or not she was a member of a conspiracy charged in the Indictment.\n\nOnce a conspiracy is formed, it is presumed to continue until either its objective is accomplished or there is some affirmative act of termination by the members. So too, once a person is found to be a member of a conspiracy, she is presumed to continue as a member in the conspiracy until the conspiracy is terminated, unless it is shown by some affirmative proof that the person withdrew and disassociated herself from it.\n\nIn sum, the defendant, with an understanding of the unlawful nature of the conspiracy, may have intentionally engaged, advised, or assisted in the conspiracy for the purpose of furthering an illegal undertaking. The defendant thereby becomes a knowing and willing participant in the illegal undertaking.\n\nCommented [CE74]: This language is in tension with the language of Count Five, which alleges a sex trafficking offense if Ms Maxwell \"benefit[ed] financially\" or \"received anything of value\" from her participation in the conspiracy Ind ¶ 24\n\nCommented [RA(75R74]: GOVERNMENT RESPONSE: The language the defendant identifies relates to sex trafficking liability through arising when the defendant participated in a sex trafficking \"venture,\" see 18 U S C § 1591(a)(2), a theory on which the Government is not seeking jury instructions\n\nAs instructed above, in order to convict on Count Five, the jury must find that someone gave or received something of value, as required by the definition of \"commercial sex act\" But the jury need not find that the defendant is the giver or recipient\n\nDOJ-OGR-00006121",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 55 of 93",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "provided she was herself a participant.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "I want to caution you, however, that Ms. Maxwell's the defendant's mere presence at the scene of the alleged crime does not, by itself, make her a member of the conspiracy. Similarly, a person may know, assemble with, or be friendly with, one or more members of a conspiracy, without being a conspirator herself. I also want to caution you that mere knowledge or acquiescence, without participation, in the unlawful plan is not sufficient. In other words, knowledge without agreement and participation is not sufficient. What is necessary is that Ms. Maxwell the defendant participate in the conspiracy with knowledge of its unlawful purposes, and with an intent to aid in the accomplishment of its unlawful objectives.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "It is also not necessary that Ms. Maxwell the defendant receive or even anticipate any financial benefit from participating in the conspiracy as long as she participated in it in the way I have explained. That said, while proof of a financial interest in the outcome of a scheme is not essential, if you find that Ms. Maxwell the defendant had such an interest, that is a factor which you may properly consider in determining whether or not she was a member of a conspiracy charged in the Indictment.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Once a conspiracy is formed, it is presumed to continue until either its objective is accomplished or there is some affirmative act of termination by the members. So too, once a person is found to be a member of a conspiracy, she is presumed to continue as a member in the conspiracy until the conspiracy is terminated, unless it is shown by some affirmative proof that the person withdrew and disassociated herself from it.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "In sum, the defendant, with an understanding of the unlawful nature of the conspiracy, may have intentionally engaged, advised, or assisted in the conspiracy for the purpose of furthering an illegal undertaking. The defendant thereby becomes a knowing and willing participant in the illegal undertaking.",
      "position": "bottom"
    },
    {
      "type": "handwritten",
      "content": "Commented [CE74]: This language is in tension with the language of Count Five, which alleges a sex trafficking offense if Ms Maxwell \"benefit[ed] financially\" or \"received anything of value\" from her participation in the conspiracy Ind ¶ 24",
      "position": "margin"
    },
    {
      "type": "handwritten",
      "content": "Commented [RA(75R74]: GOVERNMENT RESPONSE: The language the defendant identifies relates to sex trafficking liability through arising when the defendant participated in a sex trafficking \"venture,\" see 18 U S C § 1591(a)(2), a theory on which the Government is not seeking jury instructions",
      "position": "margin"
    },
    {
      "type": "printed",
      "content": "As instructed above, in order to convict on Count Five, the jury must find that someone gave or received something of value, as required by the definition of \"commercial sex act\" But the jury need not find that the defendant is the giver or recipient",
      "position": "margin"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00006121",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Ms. Maxwell",
      "Maxwell"
    ],
    "organizations": [
      "DOJ"
    ],
    "locations": [],
    "dates": [
      "11/04/21"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "410-1",
      "DOJ-OGR-00006121"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to the case of Ms. Maxwell. The text includes legal instructions and commentary on the case. There are no visible stamps or handwritten signatures, but there are comments in the margin."
}