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If you are aware of any model federal jury instructions that are not included in the table below, please contact the Federal Evidence Review. Jump to Jury Instructions for a Particular Circuit: First, Third, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh. federalevidence.com/pdf/JuryInst/8thCircuit.Criminal.JI.2013.
30 Oct 2012 See Ninth Circuit Model Instructions 8.121 (mail fraud); 8.124 (wire fraud); 8.27 (bank fraud). Materiality is a question of fact for the jury. United States v. Carpenter, 95 F.3d 773, 776 (9th Cir. 1996). The Ninth Circuit pattern jury instructions state in the comment section that the “common law test for materiality
Cir. 1997). The Jury Instructions Committee considers suggestions from judges, staff and practitioners about possible revisions, additions and deletions. judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit. Judge. .. Securities–Justifiable Reliance–Fraud-on-the Market. Case. —.
In United States v. Molinaro, 11 F.3d 853, 863 (9th Cir.1993), the Ninth Circuit approved the following instruction in a case involving the crime of bank fraud: You may determine whether a defendant had an honest, good faith belief in the truth of the specific misrepresentations alleged in the indictment in determining whether
Much of the language of this instruction is taken from the instructions approved in United States v. Jinian, 712 F.3d 1255, 1265-67 (9th Cir. 2013). As with mail fraud, materiality is an essential element of the crime of wire fraud. Neder v. United States, 527 U.S. 1 (1999); United States v. Milovanovic, 678 F.3d 713, 726-27 (9th
The 2017 print edition of the Manual of Model Civil Jury Instructions is current as to instructions approved by the Committee in January 2017. Instructions noted below were added or revised after January 2017. Last Update: 9/2017. The following instructions (Comment only) were revised 3/2017: 9.8, 9.17, 9.25, 9.32, 9.33,
For cases involving conduct prior to May 20, 2009, "proceeds" means "gross receipts" unless the money laundering transactions were a "central component" of the criminal scheme. United States v. Phillips, 704 F.3d 754 (9th Cir. 2012); see also United States v. Van Alstyne, 584 F.3d 803, 814 (when defining "proceeds" as
Crandall, 525 F.3d 907, 911-12 (9th Cir.2008), in which the Ninth Circuit rejected a contention based on Arthur Andersen LLP v. United States, 544 U.S. 696, 704-06 (2005), an obstruction of justice case, that intent to deceive requires proof of "consciousness of wrongdoing" in a prosecution for mail or wire fraud and said
9.9 SECURITIES FRAUD (15 U.S.C. §§ 78j(b), 78ff; 17 C.F.R. § 240.10b-5). The defendant is charged in [Count ______ of] the indictment with securities fraud in violation of federal securities law. The Ninth Circuit has held reckless disregard for truth or falsity to be sufficient to sustain a conviction for securities fraud.
8.121 MAIL FRAUD—SCHEME TO DEFRAUD OR TO OBTAIN MONEY OR PROPERTY BY FALSE PROMISES (18 U.S.C. § 1341). The defendant is charged in [Count ______ of] the indictment with mail fraud in violation of Section 1341 of Title 18 of the United States Code. In order for the defendant to be found guilty of that
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