What is the test for establishing a coconspirator?

MultiRegion, United States of America

The following excerpt is from U.S. v. Scarpa, 913 F.2d 993 (2nd Cir. 1990):

Because "conspiracy by its very nature is a secretive operation," United States v. Provenzano, 615 F.2d 37, 45 (2d Cir.), cert. denied, 446 U.S. 953, 100 S.Ct. 2921, 64 L.Ed.2d 810 (1980), "the '[e]xistence of and participation in a conspiracy ... may be established ... through circumstantial evidence.' " United States v. Soto, 716 F.2d 989, 991 (2d Cir.1983) (quoting United States v. Sanzo, 673 F.2d 64, 69 (2d Cir.), cert. denied, 459 U.S. 858, 103 S.Ct. 128, 74 L.Ed.2d 111 (1982)). However, "knowledge of the existence and goals of a conspiracy does not of itself make one a coconspirator." United States v. Cianchetti, 315 F.2d 584, 588 (2d Cir.1963).

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