Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1188-2

Filed 05/08/2007

Page 1 of 2

DEFENDANT'S PROPOSED INSTRUCTION NO. 28-X Single or Multiple Schemes to Defraud Counts two through twenty nine of the indictment charges that Defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith knowingly and deliberately engaged in wire fraud, mail fraud and securities fraud. In order to sustain its burden of proof for these charges, the government must show that the single overall scheme to defraud alleged in Count One of the indictment existed. Proof of separate or independent schemes to defraud is not sufficient. In determining whether or not any single scheme to defraud has been shown by the evidence in the case you must decide whether there was one common, master, or overall scheme to defraud. A single scheme may involve various people at differing levels and may involve numerous transactions which are conducted over some period of time and at various places. In order to establish a single scheme to defraud, however, the government need not prove that an alleged schemer knew each of the other alleged members of the scheme nor need it establish that an alleged schemer was aware of each of the transactions alleged in the indictment. Even if the evidence in the case shows that Defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith were members of some scheme to defraud, but that this scheme is not the single scheme charged in the indictment, you must acquit Defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith of this charge. Unless the government proves the existence of the single overall scheme to defraud described in the indictment beyond a reasonable doubt, you must acquit

Case 1:04-cr-00103-REB

Document 1188-2

Filed 05/08/2007

Page 2 of 2

Defendants Norman Schmidt, George Weed, Charles Lewis, and Michael Smith of this charge.

O'Malley, Grenig & Lee, Federal Jury Practice and Instructions, Fifth Edition, Vol. 2, §31.09 (modified for fraud counts)