i didn't pay attention to the case. were the jury really instructed to literally pick and choose what the underlying crime was from a bunch of options?
the underlying crime was Conspiracy to promote or prevent election, statute 17-152. it was made clear from the start of this trial.
§ 17-152. Conspiracy to promote or prevent election. Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.
the elements (unlawful means) that establishes the conspiracy include:
(1) violations of the Federal Election Campaign Act otherwise known as FECA;
(2) the falsification of other business records;
or
(3) violation of tax laws.
in order to bump the misdemeanor charges of 1st degree falsification of documents from a misdemeanor into a felony, all 12 jurors must unanimously decide that he was guilty of the underlying crime. it doesnt matter which element of the underlying crime he committed, any one of those elements establishes that he engaged in the conspiracy. as long as they all conclude that he was involved in any (or all) of the elements of the underlying crime, then they must find him guilty of the underlying crime.
he was found guilty on all 34 charges of falsification to the 1st degree, and then found to be guilty of committing the falsification in order to commit, or be involved in a conspiracy to commit another unlawful crime, which is the only burden needed to bump his misdemeanor charges to felonies, as well as throw out the statute of limitations on the misdemeanor charges.
hope that explains it!