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- "page_number": "19",
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- "date": "12/17/21",
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- "full_text": "Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 19 of 82\n\n1 Instruction No. 12: Conspiracy and Substantive Counts\n2 As I have just described, there are certain counts in the Indictment that are conspiracy\n3 counts, while others are what are referred to as substantive counts. Unlike the conspiracy\n4 charges, which allege agreements to commit certain offenses, the substantive counts are based on\n5 the actual commission of offenses, or aiding others to actually commit offenses.\n6 A conspiracy to commit a crime is an entirely separate and different offense from the\n7 substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate\n8 to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not\n9 achieved. The essence of the crime of conspiracy is an agreement or understanding to violate\n10 other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime.\n11 Consequently, in a conspiracy charge there is no need to prove that the crime that was the\n12 objective of the conspiracy was actually committed.\n13 By contrast, the substantive counts require proof that the crime charged was actually\n14 committed, but do not require proof of an agreement. Of course, if a defendant both participates\n15 in a conspiracy to commit a crime and then actually commits that crime, that defendant may be\n16 guilty of both the conspiracy and the substantive crime, as I will instruct you shortly.\n17 We will turn first to the substantive charges in the Indictment, which are more convenient\n18 to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two,\n19 Four, and Six, and then I will instruct you on Counts One, Three, and Five.\n18\nDOJ-OGR-00008475",
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- "content": "1 Instruction No. 12: Conspiracy and Substantive Counts\n2 As I have just described, there are certain counts in the Indictment that are conspiracy\n3 counts, while others are what are referred to as substantive counts. Unlike the conspiracy\n4 charges, which allege agreements to commit certain offenses, the substantive counts are based on\n5 the actual commission of offenses, or aiding others to actually commit offenses.\n6 A conspiracy to commit a crime is an entirely separate and different offense from the\n7 substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate\n8 to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not\n9 achieved. The essence of the crime of conspiracy is an agreement or understanding to violate\n10 other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime.\n11 Consequently, in a conspiracy charge there is no need to prove that the crime that was the\n12 objective of the conspiracy was actually committed.\n13 By contrast, the substantive counts require proof that the crime charged was actually\n14 committed, but do not require proof of an agreement. Of course, if a defendant both participates\n15 in a conspiracy to commit a crime and then actually commits that crime, that defendant may be\n16 guilty of both the conspiracy and the substantive crime, as I will instruct you shortly.\n17 We will turn first to the substantive charges in the Indictment, which are more convenient\n18 to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two,\n19 Four, and Six, and then I will instruct you on Counts One, Three, and Five.",
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- "content": "DOJ-OGR-00008475",
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- "dates": [
- "12/17/21"
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