Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1193-2

Filed 05/11/2007

Page 1 of 1

INSTRUCTION NO. 35 The defendants are charged in Counts 2 through 9 of the Indictment with violations of the mail fraud statute, in Count 10 and Counts 12 through 17 with violations of the wire fraud statute, and in Counts 18 through 29 with violations of the securities fraud statute. Some of the defendants have argued that there were really two or more separate schemes to defraud, instead of the single scheme to defraud charged in the Indictment. You must determine whether the single scheme to defraud that is charged in Counts 2-10 and 12-29 of the Indictment existed, and if it did, whether the defendant whose case you are considering employed or carried out the scheme, as described in Instruction Nos. 30, 31, and/or 32. If you find that the defendant whose case you are considering did not employ or carry out the single scheme to defraud charged in the Indictment, then you must find that defendant not guilty, even though he may have employed or carried out some other scheme to defraud. This is because proof that a defendant employed or carried out some other scheme to defraud in not enough to convict him of employing or carrying out the single scheme to defraud charged in Counts 2-10 and 12-29 of the Indictment.