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10 11 12 13 14 15 16 17 18 19 20 21 22 Case 1:20-cr-00330-PAE Document563_ Filed 12/18/21 Page 41 of 167 offense with which Ms. Maxwell is charged, and that Ms. Maxwell aided, abetted, counseled, commanded, induced or procured that person to commit the crime. As you can see, the first requirement is that another person has committed the crime charged. Obviously, no one can be convicted of aiding and abetting the criminal acts of another if no crime was committed by the other person. But if you do find that a crime was committed, then you must consider whether Ms. Maxwell aided or abetted the commission of the crime. To aid or abet another to commit a crime, it is necessary that the Government prove that the Defendant willfully and knowingly associated herself in some way with the crime committed by the other person and willfully and knowingly sought by some act to help the crime succeed. However, let me caution you that the mere presence of the defendant where a crime is being committed, even when coupled with knowledge by the defendant that a crime is being committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding and abetting. Such a defendant would be guilty under this approach of aiding and abetting only if, in addition to knowing of the criminal activity, she actually took actions intended to help it succeed. An aider and abettor must know that the crime is being committed and act in a way that is intended to bring about the success of a criminal venture. To determine whether Ms. Maxwell aided or abetted the commission of the crime with which she is charged, ask yourself these questions: 1. Did the Defendant participate in the crime charged as something she wished to bring about? 40 DOJ-OGR-00008579