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The requirement to accept an admission by a coconspirator are: (1) The conspiracy must be established by independent evidence. (2) The statement must have been made during the conspiracy. (3) The statement must have been made in furtherance of the conspiracy. Under federal rules, the courts are not bound by the rules of evidence in determining preliminary questions of admissibility. The court is free to examine anything, even the statements themselves. This could lead to a situation where the conspiracy itself may be found by looking at the co-conspiratorial statements alone.
