6th Cir. Pattern Crim. Jury Instr. 3.01B

(1) Count ___ of the indictment accuses the defendants of a conspiracy to defraud the United States by dishonest means in violation of federal law. It is a crime for two or more persons to conspire, or agree, to defraud the United States, even if they never actually achieve their goal.

(2) A conspiracy is a kind of criminal partnership. For you to find any one of the defendants guilty of the conspiracy charge, the government must prove each and every one of the following elements beyond a reasonable doubt:

(A) First, that two or more persons conspired, or agreed, to defraud the United States, or one of its agencies or departments, by dishonest means.

(B) Second, that the defendant knew of the conspiracy and its [objects] [aims] [goals].

(C) Third, that the defendant joined the conspiracy with the intent that at least one of conspirators engage in conduct that satisfies the elements of defrauding the United States.

(D) And fourth, that a member of the conspiracy did one of the overt acts described in the indictment for the purpose of advancing or helping the conspiracy.

(3) Now I will give you more detailed instructions on some of these terms.

[(A) The word "defraud" is not limited to its ordinary meaning of cheating the

government out of money or property. "Defraud" also means impairing, obstructing or defeating the lawful function of any government agency or department by dishonest means.]

[(4) The government need not prove that [the defendants intended to directly commit the fraud themselves. Proof that they intended to use a third party as a go-between may be sufficient. But the government must prove that the United States or one of its agencies or departments was the ultimate target of the conspiracy, and that the defendants intended to defraud.]]

Use Note

This instruction should be followed by Instructions 3.02 through 3.04, plus the parts of Instructions 3.05 through 3.14 that are appropriate given the facts of the particular case.

Appropriate "to defraud the United States" language should be substituted in Instructions 3.02 through 3.14 in place of the "to commit the crime of" language that appears in those instructions.

Bracketed paragraph (3)(A) should be included when the definition of defraud is raised by the facts.

Bracketed paragraph (4) should be included when there is evidence that a third party served as an intermediary between the defendants and the United States.