Is a joint venturer considered a co-conspirator for the purposes of the Construction Rule?

While the rule refers to a co-conspirator, it is this committee's understanding that the rule is meant to carry forward the universally accepted doctrine that a joint venturer is considered a co-conspirator for the purposes of this rule even though no conspiracy has been charged. United States v. Rinaldi, 393 F.2d 97, 99 (2d Cir.) Cert. denied 393 U.S. 913, 89 S.Ct. 233, 21 L.Ed.2d 198 (1968); United States v. Spencer, 415 F.2d 1301, 1304 (7th Cir. 1969).

11 MR. SUMMERS: Could we have that question reread, please?

(Read back)

THE COURT: Why don't you try again, please?