5th Cir. Pattern Jury Instr. (Criminal) 2.58B

18 U.S.C. § 1344(2)

Title 18, United States Code, Section 1344(2) makes it a crime for anyone to knowingly

execute a scheme or artifice to obtain any money[ies], funds, assets , securities, or other property

owned by or under the custody or control of an insured financial institution by means of false or

fraudulent pretenses, representations, or promises.

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 knowingly executed a scheme or artifice;

Second: That the scheme or artifice was executed to obtain money[ies] or other property

from a financial institution, as alleged in the indictment;

Third: That the scheme or artifice was executed by means of false or fraudulent pretenses

[false or fraudulent representations] [false or fraudulent promises]; and

Fourth: That the false or fraudulent pretenses [representations] [promises] were material.

A “scheme or artifice” means any plan, pattern, or course of action intended to deceive

others in order to obtain something of value, such as money, from the institution to be deceived. It

is not necessary that the government prove all of the details alleged in the indictment concerning

the precise nature of the alleged scheme or artifice, or that the alleged scheme or artifice actually

succeeded. What must be proved beyond a reasonable doubt is that the accused knowingly

executed a scheme that was substantially similar to the scheme alleged in the indictment.

A scheme or artifice is executed “by means” of false or fraudulent pretenses,

representations, or promises when the false or fraudulent pretenses, representations, or promises

were the mechanism inducing the bank to part with the money[ies], funds, assets, securities, or

other property under its control.

A representation [pretense] [promise] is “false” if it is known to be untrue or is made with

reckless indifference as to its truth or falsity. A representation is also “false” when it constitutes a

half truth, or effectively omits or conceals a material fa ct, provided it is made with intent to

defraud.

A representation [pretense] [promise] is “material” if it has a natural tendency to influence,

or is capable of influencing, the institution to which it is addressed.

“Financial institution” means ____ (insert appropriate definition from 18 U.S.C. § 20).

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