6th Cir. Pattern Crim. Jury Instr. 10.04

(1) The good faith of the defendant is a complete defense to the charge of _____________ contained in [Count ___ of] the indictment because good faith on the part of the defendant is, simply, inconsistent with an intent to defraud.

(2) A person who acts, or causes another person to act, on a belief or an opinion honestly held is not punishable under this statute merely because the belief or opinion turns out to be inaccurate, incorrect, or wrong. An honest mistake in judgment or an honest error in management does not rise to the level of criminal conduct.

(3) A defendant does not act in good faith if, even though he honestly holds a certain opinion or belief, that defendant also knowingly makes false or fraudulent pretenses, representations, or promises to others.

(4) While the term “good faith” has no precise definition, it encompasses, among other things, a belief or opinion honestly held, an absence of malice or ill will, and an intention to avoid taking unfair advantage of another.

(5) The burden of proving good faith does not rest with the defendant because the defendant does not have any obligation to prove anything in this case. It is the government’s burden to prove to you, beyond a reasonable doubt, that the defendant acted with an intent to defraud.

(6) If the evidence in this case leaves you with a reasonable doubt as to whether the defendant acted with an intent to defraud or in good faith, you must acquit the defendant.

Use Note

Brackets indicate options for the court.

Committee Commentary Instruction 10.04

(current through May 29, 2026)

This instruction is based on Kevin F. O’Malley et al., Federal Jury Practice and Instructions (5th ed. 2000), § 19.06 The Good Faith Defense – Explained.

Several Sixth Circuit cases endorse instructions including good faith provisions. See

United States v. Frost, 125 F.3d 346, 372 (6th Cir. 1997) (endorsing an instruction that stated, inter alia, “good faith on the part of a defendant is inconsistent with an intent to defraud.”); United States v. McGuire, 744 F.2d 1197, 1200-02 (6th Cir. 1984); United States v. Stull, 743 F.2d 439, 445-46 (6th Cir. 1984).

In Stull, 743 F.2d at 446, the court approved a good faith instruction that stated, inter alia, “Good faith does not include the defendant’s belief or faith that the venture will eventually meet his or her expectations.” This provision can be added to the instruction if relevant in the case.

The good faith instruction should be given if there is any evidence at all to support the charge. United States v. McGuire, 744 F.2d 1197, 1201 (6th Cir. 1984), quoting United States v. Curry, 681 F.2d 406, 416 (5th Cir. 1982).