5th Cir. Pattern Jury Instr. (Criminal) 2.32

18 U.S.C. § 664

Title 18, United States Code, Section 664, makes it a crime for anyone to steal or embezzle

any of the property [monies] [funds] [securities] [premiums] [credits] [other assets] of any

employee welfare benefit plan, employee pension benefit plan, or of any fund connected therewith.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant stole [embezzled] the property [monies] [funds] [securities]

[premiums] [credits] [other assets] described in the indictment;

Second: That at the time alleged such property belonged to or was connected with

________________ (name of plan); and

Third: That _______________ (name of plan) was an employee welfare benefit plan or

employee pension benefit plan or a fund connected therewith.

The term “any employee welfare benefit plan or employee pension benefit plan” means

any employee benefit plan subject to any provision of Title I of the Employee Retirement Income

Security Act of 1974, also known as ERISA.

To “steal” means to wrongfully take money or property belonging to another with intent to

deprive the owner of its use and benefit either temporarily or permanently. Any appreciable change

of the location of the property with the intent to deprive constitutes a stealing whether or not there

is an actual removal of it from the owner’s premises.

[To “embezzle” means to wrongfully, intentionally take money or property of another after

the money or property has lawfully come within the possession or control of the person taking it.

No particular type of moving or carrying away is required.]