DOJ-OGR-00008725.jpg

10 11 12 13 14 15 16 17 18 19 Case 1:20-cr-00330-PAE Document565- Filed 12/19/21 Page19 of 83 Instruction No. 12: Conspiracy and Substantive Counts As I have just described, there are certain counts in the Indictment that are conspiracy counts, while others are what are referred to as substantive counts. Unlike the conspiracy charges, which allege agreements to commit certain offenses, the substantive counts are based on the actual commission of offenses, or aiding others to actually commit offenses. A conspiracy to commit a crime is an entirely separate and different offense from the substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not achieved. The essence of the crime of conspiracy is an agreement or understanding to violate other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime. Consequently, in a conspiracy charge there is no need to prove that the crime that was the objective of the conspiracy was actually committed. By contrast, the substantive counts require proof that the crime charged was actually committed, but do not require proof of an agreement. Of course, if a defendant both participates in a conspiracy to commit a crime and then actually commits that crime, that defendant may be guilty of both the conspiracy and the substantive crime, as I will instruct you shortly. We will turn first to the substantive charges in the Indictment, which are more convenient to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two, Four, and Six, and then I will instruct you on Counts One, Three, and Five. 18 DOJ-OGR-00008725