26.8 CONSPIRACY TO ENGAGE IN PATTERN OF RACKETEERING ACTIVITY 895.03(4), Fla. Stat. A "conspiracy" is a combination or agreement of two or more persons to join together to attempt to accomplish an offense which would be in violation of the law. It is a kind of "partnership in criminal purposes" in which each member becomes the agent of every other member. The evidence in the case need not show that the alleged members of the conspiracy entered into any express or form agreemal ent or that they directly discussed between themselves the details of the schem and its purpose or the precise ways in e which the purpose was to be accomplished. Neither must it be proved that all of the persons charged to have been members of the conspiracy were such nor that the alleged conspirators actually succeeded in accomplishing their unlawful objectives nor that any alleged member of the conspiracy did any act in furtherance of the conspiracy. What the evidence in the case mushow beyond a reasonable doubt before you st may find the defendant guilty of conspiring to violate the RICO Act is: 1. Two or more persons, in somway or me anner, came to a mutual understanding to try to accoma common and unlawful plan, namplish ely to engage in a "pattern of racketeering activity" as charged in the Information; and 2. The defendant knowingly and willfully became a member of such conspiracy; and 3. At the time the defendant joined such conspiracy, [he] [she] did so with the specific intent either to personally engage in at least two incidents of racketeering, as alleged in the Information, or [he] [she] specifically intended to otherwise participate in the affairs of the "enterprise" with the knowledge and intent that other members of the conspiracy would engage in at least two incidents of racketeering, as alleged in the Information, as part of a "pattern of racketeering activity." A person may become a member of apiracy without full cons knowledge of all of the details of the unlawful scheme or the nams and identities of ae ll of the other alleged conspirators. So, if a defendant has an understanding of the unlawful nature of a plan and knowingly and willfully joins in that plan on one occasion, that is sufficient to convict [him] [her] for conspiracy, even though [he] [she] did not participate before and even though [he] [she] played only a minor part. Of course, mere presence at the scene of a transaction or event or the mere fact that certain persons may have associated with each other and may have assembled together and discussed common aims and interests does not necessarily establish proof of >>>> 2the existence of a conspiracy. Also, a person who has no knowledge of a conspiracy but who happens to act in a way which advances some purpose of a conspiracy does not thereby become a conspirator. Defense; give if applicable; 777.04(5)(c), Fla. Stat. It is a defense to the charge of conspiracy to engage in a pattern of racketeering activity that [name of defendant], after knowingly entering into such a conspiracy with one or more persons, thereafter persuaded such persons not to engage in such activity or otherwise prevented commission of the offense. In this regard you are instructed that a mere endeavor to dissuade one from engaging in such activity is insufficient. NOTE TO JUDGE: An endeavor to dissuade a coconspirator is insufficient to constitute the statutory defense of withdrawal. State v. Bauman, 425 So. 2d 32, 34 (Fla. 4th DCA 1982). "Pattern of racketeering activity" means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents. An "enterprise" is an ongoing organization, formal or informal, that functions both as a continuing unit and has a common purpose of engaging in a course of conduct. 2