Fill and Sign the Jury Instruction Fraud 497334268 Form

42.1 Wire Fraud 18 USC § 1343 Title 18, United States Code, Section 1343, makes it a Federal crime or offense f or anyone to use interstate [wire] [radio] [television] communications facilities in carrying out a scheme to defraud. The Defendant can be found guilt y 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 pretenses, representations or promises; Second: That the Defendant did so willfully and with an intent to defraud; and Third: That the Defendant transmitted or caused to be transmitted by [wire] [radio] [television] in interstate commerce some communication for the purpose of executing the scheme to defraud. The word " 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 t o engage in a particular transaction. To act with " intent to defraud" means to act knowingly and with the specific intent to deceive someone, ordinarily f or the purpose of causing some financial loss to another or bringing about some financial gain to one's self. It is not necessary that t he Government prove all of t he details alleged in the indictment concerning the precise nature and purpose of the scheme; or t hat t he material transmitted by [wire] [radio] [television] was itself false or fraudulent; or that the alleged scheme actually succeeded in defrauding anyone; or that the use of interstate [w ire] [radio] [television] communications facilities was intended as the specific or exclusive means of accomplishing the alleged fraud; or that the Defendant personally used the [w ire] [radio] [television] communication facility. What must be proved beyond a reasonable doubt is that the Defendant, with intent to defraud, knowingly and willfully 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 interstate [wire] [radio] [television] communications facilities was closely related to the scheme because the Defendant either used, or caused to be used, [wire] [radio] [television] communications facilities in interstate commerce in an at tempt to execute or carry out the scheme. To "cause" interstate [w ire] [radio] [television] communications facilities to be used is to do an act with knowledge t hat the use of such facilities will follow in the ordinary course of business or where such use can reasonably be foreseen. Each separate use of t he interstate [wire] [ radio] [television] communications facilities in furtherance of a scheme to defraud constitutes a separate offense. ANNOTATIONS AND COMMENTS (See Annotations and Comments following Offense Instruct ion 42.2, infra.)