10th Cir. Crim. Pattern Jury Instr. 2.58

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

of 18 U.S.C. section 1344.

This law makes it a crime to execute or attempt to execute a

scheme or artifice [to defraud a financial institution] [to obtain any

money or other property of a financial institution by means of false

or fraudulent pretenses, representations, or promises].

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 [executed] [attempted to

execute] a scheme or artifice [to defraud [insert name of financial

institution] [to obtain money or property from [insert name of

financial institution] by means of false or fraudulent pretenses,

representations, or promises];

Second: the [insert name of financial institution] was a

financial institution within the meaning of the law; [in this case

that means that the government must prove that [insert name of

financial institution] was insured by the Federal Deposit

Insurance Corporation];

Third: the defendant acted with [intent to defraud a financial

institution] [intent to deceive a non-bank custodian into giving up

bank property that it held]; and

Fourth: the false or fraudulent pretenses, representations, or

promises that the defendant made were material, meaning they

would naturally tend to influence, or were capable of influencing

the decision of, [insert name of financial institution].

[Fifth: (to be given as appropriate where the charge is a

scheme or artifice to defraud a financial institution) the

defendant placed [insert name of financial institution] at risk of civil

liability or financial loss.]

A “scheme or artifice to defraud” includes any design, plan,

pattern or course of action, including false and fraudulent

pretenses and misrepresentations, intended to deceive others in

order to obtain something of value, such as money, from the

institution to be deceived.

PATTERN CRIMINAL JURY INSTRUCTIONS

189

A defendant acts with the requisite “intent to defraud” or

“intent to deceive” if the defendant acted knowingly and with the

specific intent or purpose to deceive, ordinarily for the purpose of

causing some financial loss to another or bringing about some

financial gain to the defendant.

A statement or representation is “false” or “fraudulent” if it is

known to be untrue or is made with reckless indifference to its

truth or falsity.