11th Cir. Pattern Jury Instr. (Criminal) O54

18 U.S.C. § 1349

It’s a Federal crime to knowingly and willfully conspire or agree with

someone to do something that, if actually carried out, would result in the crime of

mail fraud.

A “conspiracy” is an agreement by two or more persons to commit an

unlawful act. In other words, it is a kind of partnership for criminal purposes.

Every member of the conspiracy becomes the agent or partner of every other

member.

The Government does not have to prove that all the people named in the

indictment were members of the plan, or that those who were members made any

kind of formal agreement. The heart of a conspiracy is the making of the unlawful

plan itself, so the Government does not have to prove that the conspirators

succeeded in carrying out the plan.

The Defendant can be found guilty of this conspiracy offense only if all the

following facts are proved beyond a reasonable doubt:

(1) two or more persons, in some way or manner, agreed to try to

accomplish a common and unlawful plan to commit mail fraud, as

charged in the indictment; and

(2) the Defendant knew the unlawful purpose of the plan and willfully

joined in it;

A person may be a conspirator even without knowing all the details of the

unlawful plan or the names and identities all of the other alleged conspirators.

If the Defendant played only a minor part in the plan but had a general

understanding of the unlawful purpose of the plan – and willfully joined in the plan

on at least one occasion – that’s sufficient for you to find the Defendant guilty.

But simply being present at the scene of an event or merely associating with

certain people and discussing common goals and interests doesn’t establish proof

of a conspiracy. Also, a person who doesn’t know about a conspiracy but happens

to act in a way that advances some purpose of one doesn’t auto matically become a

conspirator.