Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1097-6

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. SMITH 24 WIRE FRAUD 18 U.S.C. § 1343 Defendants Norman Schmidt and George Alan Weed are charged in Counts 10-17 with wire fraud, and defendants Charles Lewis, Michael Smith, and George Beros are charged in Counts 16-17 with wire fraud, all in violation of 18 U.S.C. Section 1343. This law makes it a crime to use interstate wire communications facilities in carrying out a scheme to defraud. To find the defendant whose case you are considering guilty of this crime you must be convinced that the government has proved each of the following, beyond a reasonable doubt: First: the defendant knowingly devised or intended to devise a scheme to defraud and a scheme to obtain money and property by false and fraudulent pretenses, representations and promises, that is, the scheme described in paragraphs 2-5 of instruction number 20; Second: the defendant acted with specific intent to defraud; Third: the defendant used interstate or foreign wire communications facilities or caused another person to use interstate or foreign wire communications facilities for the purpose of carrying out the scheme; and Fourth: the scheme employed false or fraudulent pretenses, representations, or promises that were material. A "scheme to defraud" is conduct intended to or reasonably calculated to deceive persons of ordinary prudence or comprehension. A "scheme to defraud" includes a scheme to deprive another of money, property or the intangible right of honest services. An "intent to defraud" means an intent to deceive or cheat someone. A representation is "false" if it is known to be untrue or is made with reckless indifference as to its truth or falsity. A representation would also be "false" when it

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

Document 1097-6

Filed 03/30/2007

Page 2 of 2

constitutes a half truth, or effectively omits or conceals a material fact, provided it is made with intent to defraud. A false statement is "material" if it has a natural tendency to influence, or is capable of influencing, the decision of the person or entity to which it is addressed. To "cause" interstate wire communications facilities to be used is to do an act with knowledge that the use of the wire facilities will follow in the ordinary course of business or where such use can reasonably be foreseen. It is not necessary that the government prove all of the details alleged in the indictment concerning the precise nature and purpose of the scheme, or that the material transmitted by wire was itself false or fraudulent, or that the alleged scheme actually succeeded in defrauding anyone, or that the use of interstate wire communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud. Each separate use of the interstate wire communications facilities in furtherance of a scheme to defraud constitutes a separate offense.

Criminal Pattern Jury Instructions (Tenth Circuit), No.2.57 (2005) (modified).

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