Free Proposed Jury Instructions - District Court of Colorado - Colorado

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

Document 1096-24

Filed 03/30/2007

Page 1 of 3

INSTRUCTION NO. G-23 MAIL FRAUD 18 U.S.C. § 1341 The following defendants are charged with mail fraud in violation of 18 U.S.C. Section 1341 as described in the chart below:
Count Date Defendant(s) Mail Matter

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February 1, 2000 January 2, 2002

NORMAN SCHMIDT; GEORGE ALAN WEED NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS; MICHAEL SMITH NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS; MICHAEL SMITH NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS; MICHAEL SMITH NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS; MICHAEL SMITH NORMAN SCHMIDT; GEORGE ALAN WEED; CHARLES LEWIS; MICHAEL SMITH

U.S. Mail-Letter from Reserve Foundation Trust to Gordon Hulbert U.S. Mail-Investment packet from Smitty's Investments, LLC to Warren Peterson Federal Express-Letter from Norman Schmidt to Thomas Sindelar U.S. Mail-Letter from George Alan Weed to Greg Hector

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4

February 23, 2002

5

August 24, 2002

6

September 24, 2002

U.S. Mail-Letter from Norman Schmidt to Wendy Delaney

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April 3, 2004

U.S. Mail-Monthly statement and money orders from Jannice McLain Schmidt to Cliff Seigneur

8

May 8, 2004

U.S. Mail-Monthly statement from Jannice McLain Schmidt to Carol Hall

9

May 8, 2004

U.S. Mail-Monthly statement from Jannice McLain Schmidt to Darren McGee

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

Document 1096-24

Filed 03/30/2007

Page 2 of 3

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, or that the defendant intentionally aided and abetted the commission of the crime as defined in instruction number ___, beyond a reasonable doubt: First: the defendant knowingly 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 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. 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 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. 2

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

Document 1096-24

Filed 03/30/2007

Page 3 of 3

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. 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 mailed material was itself false or fraudulent, or that the alleged scheme actually succeeded in defrauding anyone, or that the use of the mail was intended as the specific or exclusive means of accomplishing the alleged fraud.

Criminal Pattern Jury Instructions (Tenth Circuit), No. 2.56 (2005) (modified). 3