AIDING & ABETTING STATUTE: 18 USC § 2
i. (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal
ii. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. à being prosecuted under (b) in Walser
1. Meaning you know what is going on and you don’t do anything.
2. The degree of culpability or involvement in the crime is relatively minor
3. Difference between 2(a) and 2(b) is:
a. There is a mens rea difference.
b. (a) says commits an offense and (b) is causes an act.
-There must a crime committed to (a) that the person is loosely associated with
-In (b) there doesn’t have to be a crime, it can still be violated if you cause someone else to perform an act that would be an offense
-There is a lower burden of proof in (b) because gov’t doesn’t have to prove that there was a crime.
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