Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1097-5

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. SMITH 23 MAIL FRAUD 18 U.S.C. § 1341 Defendants Norman Schmidt and George Alan Weed are charged in Counts 2-9 with mail fraud, defendant Charles Lewis is charged in Counts 3-9 with mail fraud, and defendants Michael Smith and George Beros are charged in counts 5-9 with mail fraud, all in violation of 18 U.S.C. Section 1341. This law makes it a crime to use the mails 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 and intentionally devised or intended to devise a scheme to defraud, that is the scheme described in paragraphs 2-5 of instruction number 20; Second: the defendant knowingly and intentionally devised or intended to devise a scheme to obtain money and property by means of false and fraudulent pretenses, representations and promises, and acted with specific intent to obtain money or property by false pretenses, representations or promises; Third: the defendant mailed something, or caused another person to mail something through the United States Postal Service or a private or commercial interstate carrier 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 of the intangible right of honest services. An "intent to defraud" means an intent to deceive or cheat someone.

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

Document 1097-5

Filed 03/30/2007

Page 2 of 2

A representation is "false" if it is known to be untrue. A representation would also be "false" when it 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. What must be proved beyond a reasonable doubt is that the defendant knowingly devised or intended to devise a scheme to defraud that was substantially the same as the one alleged in the indictment, and that the use of the mails was closely related to the scheme, in that the defendant either mailed something or caused it to be mailed in an attempt to execute or carry out the scheme. To "cause" the mails to be used is to do an act with knowledge that the use of the mails will follow in the ordinary course of business or where such use can reasonably be foreseen even though the defendant did not intend or request the mails to be used. Each separate use of the mails in furtherance of a scheme to defraud constitutes a separate offense.

Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.56 (2005) (modified).

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