How have the courts interpreted the relevant information in the context of a civil case?

An important issue in the case was whether the five-year statute of limitations barred prosecution. Because the government's information was filed on December 12, 1988, the jury was instructed that it had to find that the conspiracy was in existence after December 12, 1983. Appellants contend that the district court confused the jury through the use of contradictory instructions on this issue and failed to include a mens rea element in the last overt act instruction. Since a proper objection to these instructions was not made below, we review for plain error. United States v. Ramos, 861 F.2d 228, 230 (9th Cir.1988). We will reverse for plain error only in exceptional circumstances; the error must have affected substantial rights, and it must be highly probable that the error materially affected the verdict. Id.

The allegedly inconsistent portions of the jury charge deal with two separate issues. First, the jury was asked to determine whether a conspiracy existed at all. Correctly summarizing the law in this area, the court instructed the jury that a finding of an overt act is not necessary to a finding that a Sherman Act conspiracy has been formed. See, e.g., Nash v. U.S., 229 U.S. 373, 378, 33 S.Ct. 780, 782, 57 L.Ed. 1232 (1913). In the second instruction, the jurors were asked to determine whether the conspiracy existed after December 12, 1983. The jury was told that, assuming the conspiracy was formed before December 12, 1983, it had to find that a member committed an overt act in furtherance of the conspiracy after that date. See United States v. Inryco, Inc., 642 F.2d 290, 294 (9th Cir.1981), cert. dismissed, 454 U.S. 1167, 102 S.Ct. 1045, 71 L.Ed.2d 324 (1982). Although the jury was told in one instance that an overt act was not necessary and in another that it was necessary, the law was correctly stated. We find no plain error in these instructions.