Fill and Sign the Jury Instruction Fraud 497334266 Form

41.1 Mail Fraud 18 USC § 1341 Title 18, United States Code, Section 1341, makes it a Federal crime or offense for anyone to use the United States mails in carrying out a scheme to defraud. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly devised or participated in a scheme to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations or promises; Second: That the Defendant did so willfully with an intent to defraud; and Third: That the Defendant used the United States Postal Service by mailing, or by causing to be mailed, some matter or thing for the purpose of executing the scheme to defraud. The term "scheme to defraud" includes any plan or course of action intended to deceive or cheat someone out of money or property by means of false or fraudulent pretenses, representations, or promises. A statement or representation is " false" or " fraudulent" if it relates to a material fact and is known to be untrue or is made with reckless indifference as to its truth or falsity, and is made or caused to be made with intent to defraud. A statement or representation may also be " false" or " fraudulent" when it constitutes a half truth, or effectively conceals a material fact, with intent to defraud. A " material fact " is a fact that would be important to a reasonable person in deciding whether to engage or not to engage in a particular transaction. To act with " intent to defraud" means to act knowingly and with the specific intent to deceive someone, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one's self. It is not necessary that the Government prove all of t he details alleged in the indictment concerning the precise nature and purpose of the scheme; or that the material mailed was itself false or fraudulent; or that the alleged scheme actually succeeded in defrauding anyone; or that the use of the mail w as intended as t he specific or exclusive means of accomplishing the alleged fraud; or that the Defendant did the actual mailing. What must be proved beyond a reasonable doubt is that the Defendant, with t he specific intent to defraud, knowingly devised, intended to devise, or participated in, a scheme to defraud substantially the same as the one alleged in the indictment, and that the use of the United States mail w as closely related to the scheme because the Defendant either mailed something or caused it to be mailed in an attempt to execute or carry out the scheme. To " cause" the mails to be used is to do an act with know ledge that the use of t he mails will follow in the ordinary course of business or where such use can reasonably be foreseen. Each separate use of the mails in furtherance of a scheme to defraud constitutes a separate offense. ANNOTATIONS AND COMMENTS (See Annotations and Comments following Offense Instruct ion 41.2, infra.)