11th Cir. Pattern Jury Instr. (Criminal) O24.3

Receiving Benefits Under a

Federal Assistance Program

18 U.S.C. § 666(a)(2)

It’s a Federal crime for anyone to corruptly [give] [offer] [agree to give]

anything of value to anyone who is an agent of a [n] [organization] [State

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

receiving significant benefits under a Federal assistance program, with the intent to

reward or influence that agent in connection with certain transactions of the

[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)that [name of agent claimed by the government to be rewarded or

influenced by the Defendant] was an agent of [name of entity claimed

by the government to be the affected entity];

(2)that [same name of affected 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)that during the one -year period, the Defendant [gave] [offered]

[agreed to give] something of value to [agent of entity] with the intent

to influence or reward [the agent] in connection with any business,

transaction, or series of transactions of [entity’s name] , involving

something of value of $5,000 or more; and

(4)that in so doing, the Defendant acted corruptly.

To act “corruptly” means to act voluntarily, deliberately, and dishonestly to

either accomplish an unlawful end or result or to use an unlawful method or means

to accomplish an otherwise lawful end or result.

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.

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.