9th Cir. Model Jury Instr. (Criminal) 15.36

The defendant is charged in [Count _______ of] the indictment with bank fraud in violation of Section 1344(1) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following beyond a reasonable doubt:

First, the defendant knowingly executed or attempted to execute a scheme to defraud a financial institution of something of value;

Second, that the statements made [or facts omitted] as part of the scheme were material; that is, they had a natural tendency to influence, or were capable of influencing, a person to part with money or property;

Third, the defendant did so with the intent to defraud the financial institution; and

Fourth, the financial institution was insured by the Federal Deposit Insurance Corporation.

A “scheme to defraud” means any deliberate plan of action or course of conduct by which someone intends to deceive and cheat, in other words to deprive the victim of money or property by means of deception. It is not necessary for the government to prove that a financial institution was the only or sole victim of the scheme to defraud. It is also not necessary for the government to prove that the defendant was actually successful in defrauding any financial institution. Finally, it is not necessary for the government to prove that any financial institution lost any money or property as a result of the scheme to defraud.

An “intent to defraud” means to act willfully and with the specific intent to deceive and cheat.

[An oral or written statement is material if it has a natural tendency to influence, or was capable of influencing, a person to part with money or property. Neither proof of reliance on a false statement nor actual harm is needed to show materiality.]