11th Cir. Pattern Jury Instr. (Criminal) O24.1

Receiving Federal Funds

18 U.S.C. § 666(a)(1)(A)

It’s a Federal crime for anyone who is an agent of a[n] [organization] [State

government] [local government] [Indian tribal government] [any agency thereof]

that receives more than $10,000 in federal assistance in any one year period, to

[embezzle] [steal] [obtain by fraud] [knowingly convert without authority]

[intentionally misapply] property that is valued at $5,000 or more, and is [owned

by] [under the care, custody, or control of] such [organization] [government]

[agency].

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant was an agent of [name of entity claimed by the

government to be the affected entity];

(2) [same name of entity as above] was a[n] [organization] [State

government] [local government] [Indian tribal government] [any

agency thereof] that received in any one -year period, benefits in

excess of $10,000 under a Federal program involving [a grant] [a

contract] [a subsidy] [a loan] [a guarantee] [insurance] [other

form of Federal assistance];

(3) the Defendant [embezzled] [stole] [obtained by fraud] [knowingly

converted to the use of any person other than the rightful owner

without authority] [intentionally misapplied] property that was

[owned by] [under the care, custody, or control of] [same name

entity as above]; and

(4) the property had a value of $5,000 or more.

An “agent” is a person authorized to act on behalf of another person,

organization, or a government and, in the case of an organization or government,

includes a servant or employee, partner, officer, or director.

[A “government agency” is a subdivision of the executive, legislative,

judicial, or other branch of government, including a department, independent

establishment, commission, administration, authority, board, bureau, and a

corporation or other legal entity established and subject to control by a government

or governments for the execution of a governmental or intergovernmental

program.]

[“Local” means of or pertaining to a political subdivision within a State.]

[“State” means a State of the United States, the District of Columbia, and

any commonwealth, territory, or possession of the United States.]

“In any one -year period” means a continuous period that commences no

earlier than twelve months before the commission of the offense or that ends no

later than twelve months after the commission of the offense. Such period may

include time both before and after the commission of the offense.

[To “embezzle” means to wrongfully or intentionally take someone else’s

money or property after lawfully taking possession or control of it.]

[To “steal” or “convert” means to wrongfully or intentionally take the

money or property belonging to someone else with the intent to deprive the owner

of its use or benefit permanently or temporarily.]

[To “obtain by fraud” means to act knowingly and with intent to deceive or

cheat, usually for the purpose of causing financial loss to someone else or bringing

about a financial gain to oneself or another.]

[To “intentionally misapply” money or property means to intentionally

convert such money or property for one’s own use and benefit, or for the use and

benefit of another, knowing that one had no right to do so.]

The word “value” means the face, par, or market value, or cost price, either

wholesale or retail, whichever is greater.

It is not necessary to prove that the Defendant’s conduct directly affected the

funds received by the [organization] [government] [agency] under the Federal

program.

In determining whether the Defendant is guilty of this offense, do not

consider bona fide salary, wages, fees, or other compensation paid, or expenses

paid or reimbursed, in the usual course of business.