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Defendant is charged with participating in a credit-card fraud ring. The government offers a recorded call in which alleged coconspirator Lee told a courier, "Pick up the cards from Defendant tonight and bring them to me before the banks close the accounts." The call occurred while the alleged ring was still active. Defendant objects on hearsay grounds.
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The statement is not hearsay if the court finds that a conspiracy existed, the defendant and declarant were members, and the statement was made during and in furtherance of the conspiracy. The statement is admissible only if made after the conspiracy ended. The statement is admissible only if it was against the declarant's penal interest. The statement is not hearsay whenever one alleged conspirator says another person was involved.

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