However, the Court also found that venue was proper for two counts of conspiring to commit securities fraud. Because the travel allowed the defendants to make false statements to investors in person, the flights were overt acts in furtherance of those conspiracies.

In reversing that conviction, the Court found that the evidence was sufficient to permit the jury to find beyond a reasonable doubt that there existed a conspiracy for the distribution of cocaine and that the defendant was most likely aware that the packages which were sent to him contained contraband.  However, the Court could not locate in the record any evidence which showed that the defendant knew the packages contained narcotics.  As such, the evidence was  insufficient for the jury to find that the defendant had knowledge of the purposes of the conspiracy of which he was accused.

In sum, “proof that the defendant engaged in suspicious behavior, without proof that he had knowledge that his conduct involved narcotics, is not enough to support his conviction for conspiracy to traffic in narcotics.”