The following excerpt is from United States v. Ojo, 14-635 (2nd Cir. 2015):
"[T]he conspiratorial agreement itself may be established by proof of a tacit understanding among the participants, rather than by proof of an explicit agreement . . . ." United States v. Desimone, 119 F.3d 217, 223 (2d Cir. 1997). Drawing all inferences in favor of the government, the evidence adduced at trial was sufficient to show that Ojo had a tacit understanding with his co-conspirators and engaged in "purposeful behavior aimed at furthering the goals of the conspiracy" for both wire fraud
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and knowing possession with intent to use unlawfully five false identification documents. Id.
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