8th Cir. Model Jury Instr. (Criminal) 9.08A

One of the issues in this case is whether the defendant acted in good faith. Good faith is a complete defense to the crime of [mail] [wire] [bank] [health care] [securities] fraud if the defendant did not act with [the intent to defraud] [the intent to obtain money or property by means of false or fraudulent pretenses, representations, or promises], which is an element of the charge.1 The essence of the good faith defense is that one who acts with honest intentions cannot be convicted of a crime requiring fraudulent intent.2

Good faith includes, among other things, an opinion or belief that is honestly held, even if the opinion is in error or the belief is mistaken.3 However, even though a defendant honestly held a certain opinion or belief (such as a belief that a business venture would ultimately succeed, that investors would make a profit, or that investors would not lose money), a defendant does not act in good faith if he or she also knowingly made false or fraudulent representations or promises, or otherwise acted with the intent to defraud or deceive another.4 Proof of fraudulent intent requires more than proof that a defendant only made a mistake in judgment or management, or was careless.5

The [government] [prosecution] has the burden of proving beyond a reasonable doubt that the defendant acted with the [the intent to defraud] [the intent to obtain money or property by means of false or fraudulent pretenses, representations, or promises].6 Evidence that the defendant acted in good faith may be considered by you, together with all the other evidence, in determining whether or not the defendant acted with [the intent to defraud] [the intent to obtain money or property by means of false or fraudulent pretenses, representations, or promises].7