United States District Court, W.D. Wisconsin
WILLIAM M. CONLEY DISTRICT JUDGE
light of questions that were raised on the legal standard the
court will apply, the following is the final instruction as
to Count 1 of the indictment:
OF THE CHARGE: COUNT 1
charges the defendant with conspiracy. A conspiracy is an
agreement between two or more persons to accomplish an
unlawful purpose. To sustain this charge against either
defendant, the government must prove these elements:
1) That the conspiracy charged in Count 1 existed, and
2) That the defendant knowingly became a member of this
conspiracy with an intention to further the conspiracy.
find from your consideration of all the evidence that the
government has proved both of these elements beyond a
reasonable doubt, then you should find the defendant guilty
of Count 1.
the other hand, you find from your consideration of all of
the evidence that the government has not proved each of these
elements beyond a reasonable doubt, then you must find the
defendant not guilty of Count 1.
conspiracy may be established even if its purpose was not
To be a
member of the conspiracy, the defendant need not join at the
beginning or know all the other members or the means by which
its purpose was to be accomplished. The government must prove
beyond a reasonable doubt that the defendant was aware of the
common purpose of the charged conspiracy and was a willing
participant in it.
the first element of Count 1, in deciding whether the charged
conspiracy existed, you may consider the actions and
statements of every one of the alleged participants. An
agreement may be proved from all the circumstances and the
words and conduct of all of the alleged participants which
are shown by the evidence.
the second element of Count 1, in deciding whether the
defendant joined the charged conspiracy, you must base your
decision solely on what the defendant personally did or said.
In determining what the defendant personally did or said, you
may consider the defendant's own words and acts. You also
may consider the words and acts of other people to help you
determine what the defendant personally did or said, and you
may use the words and acts of other people to help you
understand and interpret that defendant's own words and
acts. Keep in mind, however, that the defendant's
membership in the charged conspiracy can only be proved by
the defendant's own words or acts.
defendant's association with conspirators is not by
itself sufficient to prove the defendant's participation
or membership in a conspiracy. The government must prove that
a defendant knowingly and intentionally joined the charged