Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1096-23

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. G-22 CONSPIRATOR'S LIABILITY FOR SUBSTANTIVE COUNT A member of a conspiracy who commits another crime during the existence or life of a conspiracy and commits this other crime in order to further or somehow advance the goal or objective of the conspiracy may be considered by you to be acting as the agent of the other members of the conspiracy. The illegal actions of this conspirator in committing this other crime may be attributed to other individuals who are then members of the conspiracy. Under certain conditions, therefore, a defendant may be found guilty of this other crime even though he or she did not participate directly in the acts constituting that offense. If you find the defendant whose case you are considering guilty of the conspiracy charged in Count 1 and you find beyond a reasonable doubt that during the time the defendant whose case you are considering was a member of that conspiracy another coconspirator committed one or more of the offenses in Counts 2-29, and that same offense(s) in Counts 2-29 was committed to achieve an objective of or was a foreseeable consequence of that conspiracy, then you may find the defendant whose case you are considering guilty of the that offense charged in Counts 2-29, even though the defendant may not have participated in any of the acts which constitute the offenses described in Counts 2-29, if you also find beyond reasonable doubt, that: First: The substantive offenses of mail fraud, wire fraud, and securities fraud as described in Counts 2-29 of the second superseding indictment were committed by a member of the conspiracy as detailed in Counts 2-29 the second superseding indictment; Second: The substantive offenses of mail fraud, wire fraud, and securities fraud were committed during the existence or life of and in furtherance of the goal or objective of the conspiracy detailed in Count 1 of the second superseding indictment; and

Case 1:04-cr-00103-REB-MEH

Document 1096-23

Filed 03/30/2007

Page 2 of 2

Third: At the time that a particular offense was committed, the defendant charged with the particular offense was a member of the conspiracy detailed in Count 1 of the second superseding indictment.

Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.21 (2005); O'Malley, Grenig and Lee, Federal Jury Practice and Instructions, § 31.10 (5th ed. 2005).

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