US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 15.39
Bank Fraud—Scheme to Defraud by False Promises (18 U.S.C. § 1344(2))
The defendant is charged in [Count _______ of] the indictment with bank fraud in violation of Section 1344(2) 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 elements beyond a reasonable doubt:
First, the defendant knowingly carried out a scheme or plan to obtain money or property from the [specify financial institution] by making false statements or promises;
Second, the defendant knew that the statements or promises were false;
Third, the statements or promises were material; that is, they had a natural tendency to influence, or were capable of influencing, a financial institution to part with money or property;
Fourth, the defendant acted with the intent to defraud; and
Fifth, [specify financial institution] was federally [chartered] [insured].
[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.]
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
ec079d81b475ae5f01f30ad83e3e0e0312991d37e8bfbdbe79d1ac1492a4117a
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