Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1097-13

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. SMITH 31C The Good Faith Defense -- Explained The "good faith" of Defendant Michael Smith is a complete defense to the charges contained in the indictment because good faith on the part of the defendant is, simply, inconsistent with required intent to defraud alleged in these charges. A person who acts, or causes another person to act, on a belief or an opinion honestly held is not punishable under this statute merely because the belief or opinion turns out to be inaccurate, incorrect, or wrong. An honest mistake in judgment or an honest error in management does not rise to the level of criminal conduct. A defendant does not act in "good faith" if, even though he honestly holds a certain opinion or belief, that defendant also knowingly makes false or fraudulent pretenses, representations, or promises to others. The law is written to subject to criminal punishment only those people who knowingly defraud or attempt to defraud. While the term "good faith" has no precise definition, it encompasses, among other things, a belief or opinion honestly held, an absence of malice or ill will, and an intention to avoid taking unfair advantage of another. In determining whether or not the government has proven that Defendant Michael Smith acted with an intent to defraud or whether the defendant acted in good faith, the jury must consider all of the evidence received in the case bearing on the defendant's state of mind. The burden of proving good faith does not rest with the defendant because the defendant does not have any obligation to prove anything in this case. It is the

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

Document 1097-13

Filed 03/30/2007

Page 2 of 2

government's burden to prove to you, beyond a reasonable doubt, that Defendant Michael Smith acted with the required intent to defraud other people. If the evidence in the case leaves the jury with a reasonable doubt as to whether the defendant acted with the required intent to defraud, or whether he acted in good faith, the jury must acquit Defendant Smith.

O'Malley, Grenig & Lee, Federal Jury Practice & Instructions, § 19.06 (5th ed. 2000)