10th Cir. Crim. Pattern Jury Instr. 2.46

18 U.S.C. § 1001(a)(1)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 1001(a)(1).

This law makes it a crime to knowingly and willfully falsify,

conceal, or cover up by any trick, scheme, or device a material fact

within the jurisdiction of the [executive] [legislative] [judicial]

branch of the United States Government.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant knowingly and willfully [falsified]

[concealed] [covered up] a fact; specifically, that he [as described

in indictment];

Second: the defendant did so by a trick, scheme, or device, that

is, by acting in a way intended to deceive others;

Third: the subject matter involved was within the jurisdiction

of the [executive] [legislative] [judicial] branch of the United

States;

Fourth: the fact was material to [government entity named in

indictment]; and

Fifth: the defendant had a legal duty to disclose the fact.

A fact is “material” if it has a natural tendency to influence or

is capable of influencing a decision of [name of government entity].

It is not necessary that [entity] was in fact influenced in

any way.