Jury Instructions — United States v. Danny L. Mullins, Jr. (Dkt. 858, filed 08/11/22)
Summary
Jury Instructions, Document 858, filed 08/11/22 in Case 1:21-cr-00024-JPJ-PMS, Case No. 1:21CR00024, United States of America v. Danny L. Mullins, Jr., before Judge James P. Jones. The instructions cover the presumption of innocence, the government's burden of proof beyond a reasonable doubt, unanimity, the defendant's right not to testify, credibility of witnesses and direct and circumstantial evidence. Instruction No. 7 lists facts judicially noticed, including the March 13, 2020 emergency declaration, the March 18, 2020 Families First Coronavirus Response Act and the March 27, 2020 CARES Act, which created expanded unemployment benefits. Another instruction tells the jury to consider testimony of government witnesses Ms. Chytka and Ms. Mullins, who pled guilty, with particular caution.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Jury Instructions — United States v. Danny L. Mullins, Jr. (Dkt. 858, filed 08/11/22).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-21-cr-00024-dkt-858-4157de1f57/
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Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 1 of 42 Pageid#: 7429
JURY INSTRUCTIONS
UNITED STATES OF AMERICA
v.
DANNY L. MULLINS, JR.
Case No. 1:21CR00024
Judge James P. Jones
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 2 of 42 Pageid#: 7430
Insttuction No. /
Ladies and gentlemen of the jury, I am going to give you final
instructions now, since you will soon leave the courtroom to begin your
deliberations. I will also send a written copy of these instructions with
you.
As you know, the government has accused Mr. Mullins of
committing certain crimes. These are only charges. In order for you to
find any defendant guilty of a crime, you must be convinced beyond a
reasonable doubt that he committed the crime as charged. If you are not
convinced beyond a reasonable doubt that he committed a cnme as
charged, you must find him not guilty of that crime.
During the course of the trial, you received all the evidence you may
properly consider in order to decide the case. Your decision in the case
must be made solely on the evidence presented at the trial. You should
consider all the evidence that was presented to you.
Do not allow sympathy or prejudice to influence you. You must not
reach conclusions based on personal likes or dislikes, generalizations,
stereotypes or biases. The law demands of you a just verdict, unaffected
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 3 of 42 Pageid#: 7431
by anything except the evidence, your common sense, and the law as I
explain it to you.
At times during the trial, you saw the parties make objections to
. questions or to answers by witnesses. This simply means that the parties
were requesting that I make a decision on a particular rule of law. Do not
,.. draw any conclusion from such objections, or from my rulings on the
·,,
,.,_:. , objections. These are only related to the legal questions Ihad to determine
? and should not influence your thinking. When I sustained an _objection to
~':: a questi<:>n the witness was not allowed to answer it. Do not attempt to
-;, .;' guess what answer might have been given had I allowed the question to
be answered. Similarly, if I sustained an objection or told you not to
consider a particular statement, yo1:1 must put that st8:tement out of your
· mind, and you must not refer ~o that statement later in your deliberations.
Neither in these instructions nor in any ruling, a~ti?n, or remark that
I have _made during the course of this trial have I intended to give any·
• . t,•, ,:. •
opinion
. . .
or suggestion
' .
as to wh_at your. verdict should be.. During this trial,
. . '
I may have occasionally asked questions of witnesses in order to bring out
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 4 of 42 Pageid#: 7432
facts not then fully covered in testimony. Do not assume that I hold any
opinion on the matter to which my questions are related.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 5 of 42 Pageid#: 7433
Instruction No. 2-
It is my job to decide what rules of law apply to this case. I have
explained some of these rules to you during the course of the trial, and I
will explain others of them to you before you go to the jury room. While
the parties may have properly commented during the trial on some of these
rules, you are to be guided only by what I say about them. You must
follow all the rules as I explain them to you. You 1nay not follow some
and ignore others. Even if you disagree or do not understand the reasons
for some of the rules, you are bound to follow them.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 6 of 42 Pageid#: 7434
Instruction No. 3
If you decide that the government has proved beyond a reasonable
doubt that a defendant is guilty, it will be my job to decide what his
punishment will be. You should not try to guess what the punishment
might be. It should not enter into your consideration or discussions at any
time.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 7 of 42 Pageid#: 7435
Instruction No. lf
The decision you reach in the jury room, whether guilty or not
guilty, must be unanimous. You must all agree. Your deliberations will
be secret. You will never have to explain your verdict to anyone.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 8 of 42 Pageid#: 7436
Instruction No. 5'
The law presumes a defendant to be innocent of a crime. Thus, a
defendant, although accused, begins the trial with a clean slate. That is to
say with no evidence against him, and the law permits nothing but legal
evidence presented before the jury to be considered in support of any
charge against a defendant. So, the presumption of innocence alone is
sufficient to acquit a defendant unless the jurors are satisfied beyond a
reasonable doubt of the defendant's guilt from all the evidence in the case.
This presumption of innocence is an abiding presumption that goes with
a defendant throughout the entire case and applies at every stage. As I
have said many times, the govenunent has the burden of proving the
defendant' s guilt beyond a reasonable doubt. Some of you may have
served as jurors in civil cases where you were told that it was only
necessary to prove that a fact is more likely true than not. In criminal
cases, the government' s proof must be more powerful than that; it must
be beyond a reasonable doubt.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 9 of 42 Pageid#: 7437
Instruction No. 5A
Remember that the Mr. Mulins had an absolute right not to testify
or offer evidence. The fact that he did not testify should not be considered
by you in any way, or even discussed in your deliberations. I remind you
that it is up to the government to prove Mr. Mullins guilty beyond a
reasonable doubt. It is not up to Mr. Mullins to prove that he is not guilty.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 10 of 42 Pageid#: 7438
Instruction No. b
An important part of your job will be making judgments about the
testimony of the witnesses who testified in this case. You should decide
whether you believe what each person had to say, and how important that
testimony was. In making that decision I suggest that you ask yourself a
few questions. Did the person impress you as honest? Did the witness
have any particular reason not to tell the truth? Did the witness have a
personal interest in the outcome of the case? Did the witness seem to have
a good me1nory? Did the witness have the opportunity and ability to
observe accurately the things he or she testified about? Did the witness
appear to understand the questions clearly and answer them directly? Did
the witness's testimony differ from the testimony of other witnesses?
These are a fevv of the considerations that will help you determine the
accuracy of what each witness said.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 11 of 42 Pageid#: 7439
Instruction No. 7
This Court has taken judicial notice of certain facts in this case.
Having determined the following facts to be accurate and readily
determined without requiring further proof, the jury may accept the
following as fact:
1. On March 13, 2020, the President of the United States declared
the ongoing Coronavirus Disease (COVID-19) pandemic to be an
emergency under§ 50l(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
2. On March 18, 2020, the President of the United States signed into
law the Families First Coronavirus Response Act ("FFCRA").
3. On March 27, 2020, the President of the United States signed into
law the Coronavirus Aid, Relief, and Economic Security ("CARES") Act.
4. Together, these laws created a framework of expanded
unen1ployment benefits for individuals who were not otherwise eligible
for traditional unemployment benefits. These benefits were referred to as
Case 1:21-cr-00024-JPJ-PMS Document 858-.· Filed 08/11/22 Page 12 of 42 Pageid#: 7440
,
Pandemic Unemployment Assistance, Federal Pandemic Unemployment
Comp·ensation, and Lost Wages Assistance Program.
. .
You may, .. therefore, . ·accept these facts as proven without
, independent proof of the existence of these facts.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 13 of 42 Pageid#: 7441
Instruction No. ~
You have heard evidence that government witnesses Ms. Chytka and
Ms. Mullins pled guilty to a crime which arose out of the same events for
which Mr. Mullins is on trial here. You must not consider such guilty
pleas as evidence that Mr. Mullins is guilty of the crimes charged. His
guilt or innocence must be determined by you solely based upon the
evidence introduced at the trial of this case.
Some people in the position of government witnesses are entirely
truthful when testifying. Still, you should consider the testimony of such
an individual with particular caution. They may have had reasons to make
up stories or exaggerate what others did because they wanted to help
themselves.
If the government files a motion stating that a defendant has assisted
in the prosecution of another person, the court may consider that fact in
imposing a more lenient sentence or reducing a sentence already imposed.
The ultimate sentence imposed, however, is up to the judge, and not to the
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 14 of 42 Pageid#: 7442
government. In other words, the government cannot promise any
defendant a lesser sentence based on his or her cooperation.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 15 of 42 Pageid#: 7443
Instruction No. Cf
Prior conviction of a crime that is a felony or involves a dishonest
act or false statement is one of the circumstances you may consider in
determining the credibility of a witness.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 16 of 42 Pageid#: 7444
Instruction No. IO
There are two types of evidence that are generally presented during
a trial: direct evidence and circumstantial evidence. Direct evidence is
the testhnony of a person who asserts or clahns to have actual knowledge
of a fact, such as an eyewitness. Circumstantial evidence is proof of a
chain of facts and circumstances indicating the existence of a fact. The
law makes no distinction between the weight or value to be given to either
direct or circumstantial evidence. Nor is a greater degree of certainty
required of circumstantial evidence than of direct evidence.
While you should consider only the evidence in the case, you are
permitted to draV1r such reasonable inferences from the testimony and
exhibits as you feel are justified in the light of comn1on experience. In
other words, you may make deductions and reach conclusions which
reason and common sense lead you to draw from the facts that have been
established by the evidence in the case.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 17 of 42 Pageid#: 7445
Instruction No. / J
During the trial items were received into evidence as exhibits. The
exhibits will be available in electronic format for viewing in the jury
romn, and the Clerk will show you how to view the exhibits. Examine
the exhibits if you think it would help you in your deliberations.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 18 of 42 Pageid#: 7446
Instruction No. 12.
A separate crime is charged in each count of the Indictment. Each
charge, and the evidence pertaining to it, must be considered by you
separately. The fact that you may find the defendant guilty or not guilty
of one of the counts should not control your verdict as to any other count.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 19 of 42 Pageid#: 7447
Instruction No. / J
The Indictment charges in Count One that beginning on or about
May 5, 2020, and continuing to on or about December 31, 2020, Mr.
Mullins and others knowingly conspired to defraud the United States. To
find Mr. :tvfullins guilty of this charge, you must be convinced that the
government has proved each cf the following beyond a reasonable doubt:
FIRST: That an agreement existed between two or more persons to
defraud the ·united States by filing fraudulent unemployment benefit
claims in connection with the COVID-19 pandemic;
SECOND: That Mr. Mullins was a party to or member of that
agreement;
THIRD: That Mr. Mullins joined the agreement or conspiracy
knowing of its objective to defraud the United States and intending to join
together with at least one other conspirator to achieve that objective; that
is, _that the defendant and at least one other alleged conspirator shared a
unity of purpose and the intent to achieve a common goal or objective, to
' '
defraud the United States; and
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 20 of 42 Pageid#: 7448
FOURTH: That at some time during the existence of the agreement
or ·conspiracy, at least-one of its members performed an overt act in order
to further the o~jective of the agre·ement.
If the government fails ·to prove all ·of these elements· beyond a
reasdnable doubt, yo:u inust find Mr. Muliins not guilty bf this Count:
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 21 of 42 Pageid#: 7449
Instruction No. ll/
"To defraud the United States" means to cheat the United States out
of money. It also means to obstruct or interfere with one of the United
States government's lawful functions, by deceit, craft, trickery, or
dishonest means.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 22 of 42 Pageid#: 7450
Instruction No. I 5
The intent of a person or the knowledge that a person possesses at
any given time may not ordinarily be proved directly because there is no
way of directly scrutinizing the workings of the human mind. In
determining the issue of what a person knew or what a person intended at
a particular time, you may consider any acts done by that person and all
other facts and circumstances received in evidence which may aid in your
determination of that person's knowledge or intent.
You n1ay infer, but you are certainly not required to infer, that a
person intends the natural and probable consequences of acts knowingly
done. It is entirely up to you, however, to decide what facts to find from
the evidence received during this trial.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 23 of 42 Pageid#: 7451
Instruction No. J'1
The Indictment charges in Count Nineteen that beginning on or
about June 27, 2020, in the Western Judicial District of Virginia, Mr.
Mullins, as a principal and aider and abettor, knowingly comn1itted fraud
in connection with emergency benefits. To find Mr. Mullins guilty of this
charge, you must be convinced that the government has proved each of
the following beyond a reasonable doubt:
FIRST: That Mr. Mullins knowingly made or caused to be made a
false statement on an application for unemployment benefit claims in
connection with a COVID-19 pandemic program;
SECOND: That the false statement made on the application in
furtherance of the scheme was material;
THIRD: That 1\.1r. Mullins acted with the specific intent to defraud
the United States; and
FOURTH: That the scheme was in connection with the delivery of
or payment of unemployment benefits associated a COVID-19 pandemic
program.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 24 of 42 Pageid#: 7452
·If the government fails to. prove all of these elements beyond a
reasonable doubt, you must find Mr. Mullins not guilty of this Count.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 25 of 42 Pageid#: 7453
Instruction No. / 7
The defendant is charged. as a principal, aider, and abettor. A person
who aids, abets, counsels, commands, induces or procures the commission
of a crime is punishable as a principal. Therefore, if you find that the
government has proven beyond a reasonable doubt that Mr. Mullins
knowingly aided, abetted, counseled, commanded, induced, or procured
another person in the commission of the offense, you may find a defendant
guilty of the count.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 26 of 42 Pageid#: 7454
Instruction No. I B
The Indictment charges in Count Twenty-two that beginning on or
about May 5, 2020, and continuing to on or about December 31 , 2020, in
the Western Judicial District of Virginia, Mr. Mullins and others
knowingly conspired and agreed with others to commit mail fraud. To
find Mr. Mullins guilty of this charge, you must be convinced that the
governrr1ent has proved each of the following beyond a reasonable doubt:
FIRST: That an agreement existed between two or more persons to
conunit mail fraud;
SECOND: That Mr. Mullins was a party to or member of that
agreement;
THIRD: That Mr. Mullins joined the agreement or conspiracy
knowing of its objective to cornmit mail fraud and intending to join
together \Vith at least one other conspirator to achieve that objective; that
is, that Mr. !-Auliins and at least one other alleged conspirator shared the
intent to achieve a common goal or objective, to defraud the United States;
and
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 27 of 42 Pageid#: 7455
FOURTH: That at som~ _time during the existence of the agreement
· or conspiracy, at least one of its 1I1e1nbers performed an overt act in order
to further the objective of the agreement.
If the government fails to prove all of these elements beyond a
reasonable doubt, you must find Mr. Mullins not guilty·ofthis Count.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 28 of 42 Pageid#: 7456
Instruction No. 19
A "conspiracy" is an agreement between two or more persons to join
together to accomplish some unlawful purpose. It is a kind of partnership
in crime in which each member becomes the agent of every other member.
In order to sustain its burden of proof under Count One or Count
Twenty-two of the Indictment, the government must prove beyond a
reasonable doubt that one of the members of the alleged conspiracy
knowingly performed at least one overt act and that this overt act was
performed during the existence or life of the conspiracy and was done
somehow to further the conspiracy.
The term "overt act" means some type of outward, objective action
perforrned by one of the parties to or one of the members of the agreement
or conspiracy
.
which evidences that agreement.
.
Although you must unanimously agree that the same overt act was
comrnitted, the government is oniy required to prove one overt act. The
overt act may, but for the alleged illegal agreement, appear totally
innocent and legal.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 29 of 42 Pageid#: 7457
Instruction No. 20
One may become a mernber of a conspiracy without knowing all the
details of the unlawful scheme or the identities of all of the other alleged
conspirators. If a defendant understands the unlawful nature of a plan or
scheme, and knowingly and intentionally joins in that plan or scheme on
one occasion, that is sufficient to convict the defendant for conspiracy,
even if the defendant had not participated before, and even if the
defendant played only a minor part. The government need not prove that
the alleged conspirators entere_d into any fo~mal agreement, nor that they
directly stated between themselves all the details of the sche1ne.
Silnilarly, the government need not prove that all of the details of
the schen1e alleged were actually agreed upon or carried out, nor must it
prove that all of the persons alleged to have been members of the
conspiracy were such, or that the alleged conspirators actually succeeded
in accomplishing their unlawful objectives.
Mere presence, even 'With knowledge that a cnme 1s being
committed, or the mere fact that certain persons have associated with each
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 30 of 42 Pageid#: 7458
other, does not necessarily establish proof of the existence of a conspiracy.
Also, a person who :has no knowledge of a conspiracy, but-who happens
: to act-in a way that advances some· purpose of a conspiracy does not
. .
thereby ·become· a· conspirator~---
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 31 of 42 Pageid#: 7459
Instruction No. 2/
The Indictment charges in Count Forty that beginning on or about
June 27, 2020, in the Western Judicial District of Virginia, Mr. Mullins,
as a principal and aider and abettor, with the intent to defraud, committed
mail fraud. To find Mr. Mullins guilty of this charge, you must be
convinced that the government has proved each of the following beyond
a reasonable doubt:
FIRST: That Mr. Mullins knowingly devised or knov1ingly
participated in a scheme to defraud to obtain money by means of
1nater1.ally false or fraudulent statements or representations;
SECOND: That Mr. Mullins acted with the specific intent to
defraud the United States;
THIRD: That a false representation or staternent in furtherance of
the scheme was material; and
FOURTH: That, in advancing, furthering, O!" carrying out this
scheme to defraud, Mr. Mullins either used the mails or caused the mails
to be used on the date specified in Count Forty.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 32 of 42 Pageid#: 7460
Instruction No. '2.2
A "scheme" is merely a plan for accomplishing an object.
"Fraud" is a general term which embraces all the various means by
which one person can gain an advantage over another,by false statements
or representations.
Thus, a "scheme to defraud" is any plan, device, or course of action
to deprive another of money by means of false or fraudulent statements or
representations.
The governn1ent is not required to prove every misrepresentation
charged in the Indictment. It is sufficient if the government proves
beyond a reasonable doubt that one or more of the alleged material
misrepresentations were made in furtherance of the alleged scheme to
defraud. However, you cannot convict Mr. Mullins unless all of you agree
as to at least one of the material misrepresentations.
A statem.ent or representfltion is false if it is untrue when made and
if the person making the statement, representation, claim or document or
causing it to be made knew it ·Nas untrue at the time it was made.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 33 of 42 Pageid#: 7461
A representation or statement is fraudulent if it vvas falsely made
with the intention to deceive.
The false· or fraudulent representation must relate to a material fact
or matter. A material fact is one which would reasonably be expected to
· •• :-; '1_ :
be of concern to a reasonable and p1udent person in relying upon the
representation or statement in making a decision.
In order to establish a scheme to defraud, the govemment must also
f prove that the allege~ scheme contemplated depriving .another of money.
J-. .!"'
i However, .the .government is not required to prove that Mr. Mullins
t . originated the scheme to defraud. Furthermore; it is °:Ot necessary that the .
i?l government prove that he actually realized any gain from the scheme or
• .. 1 '
that the intended victim actuaJly suffered any loss.
The.go:vernment is not required to prove that Mr. Mullins actually
mailed anything or that he .even intended that the mails would.be
. , . .
used
. to
further or to carry out the scheme. IIo,vever, the govermnent must prove
beyond a reasonable
. . .
doubt, that the mails were in fa.ct used
. . ·.
.in some .
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 34 of 42 Pageid#: 7462
. \., mar..ner· to further or to .
carrv
., out the scheme to defraud and that the use of
the m"ails by.
.
so1neone was
' . .
reasonably
- . ·. . .
foreseeable
. .
to .·the defendant.
· ' . - '• .- . '. . : .
. .... It is not necessary
' · . . '•'
that
. .
the
·.
item
.
mailed was its~lf false ·.or fraudulent
. . . ' ' . .· ' '
or contained any . false · or .. fraudulent statement ,pr representation.
Bowever,
' ·- . the
. .
goverpment .mu~t prove beyond
.
a reasqnable
' . '
doubt
. ..:
that..th~
' . . •.. -
use of the mails in some way furthered, or advanced, or carried out the
scheme .
."Material"
:._ '
means ..having. a natural tendency to
... , .
influe·nce, or 1s
. :· ' '.
li. .. capc1ble·· 9f. influ~ncing, the particular unemployment-_bene:fit program to
.
~- -,;;,
.' . . ' ·. . . .
which it was directed.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 35 of 42 Pageid#: 7463
Instruction No. 23
The Indictment charges in Count Sixty-Three that beginning or
around June 27, 2020, Mr. Mullins knowingly used or caused to be used,
or aided and abetted in the use of, without lawful authority, a means of
identification of another person, during and in relation to the offenses
enumerated in Count Nineteen or Count Forty.
To find Mr. 11ullins. guilty of this charge, you must be convinced
that the government has proved each of the following beyond a reasonable
doubt:
FIRST: That Mr. Mullins knowingly transferred, possessed, or used
or aided and abetted the transfer, possession, or use of a means of
identification;
SECOND: That :rvir; Mullins knevv1 the means of identification
belonged to another actual, specific person;
THIRD: That Mr. Mullins transferred, possessed, or used the means
of identification without lawful authority, or aided and abetted thereof;
and
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 36 of 42 Pageid#: 7464
FOURTH: That Mr. Mullins transferred, possessed, or used the
means of identification during and in relation to the conspiracy to defraud
.,:
in connection with en1ergency benefits as charged in Count Nineteen or
mail fraud as c11arged in Count Forty of the Indictment.
'. • J• •
. If the government
. . .
fails.
. .--
'.
to prove all of these elements beyond
. - ,' ..
a
· reasonable doubt, you 1nust find Mr. Mullins not guilty.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 37 of 42 Pageid#: 7465
Instruction No. '2'1
The term "means of identification" means any name or number that
may be used, alone or in conjunction with any other information, to
identify a specific individual.
The government must prove that Mr. Mulllins knew that the means
of identification in fact belonged to an actual, specific person, not a
fictitious person.
The government does not have to prove that Mr. Mullins stole the
means of identification, only that there was no legal authority for the
defendant to transfer, possess: or use it in the manner charged.
The phrase "during and in relation to" in Count Sixty-Three 1neans
that the means of identification was transferred, possessed, or used in
furtherance of a cri1nes charged in Courts Nineteen and Forty.
"Without lawful authority" means the use of another person's
identifying information without a fonn of authorization recognized by
law. A person acts without lawful authority if the person uses a means of
identification without the consent or knowledge of the owner or if the
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 38 of 42 Pageid#: 7466
person uses the identification in order to commit a crime. even with the
.consent of the owner. Under the law, no amount of consent-from a co-
. conspirator may constitute ''lawful authority" to use one's personal
information to engage in an otherwise unlawful purpose. Therefore, a co,;,
conspirator's - use · of the · defendant's information; · even with · the
: : :_., - defendant's consent; constitutes "aggravated identify theft" when used to
·· . engage jn a fraud against the United States.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 39 of 42 Pageid#: 7467
Instruction No. '25
The Indictment charges that certain events or conduct occurred on
or about a specific date.
The government does not have to prove that the events or conduct
occurred on the exact date alleged. Rather, it is sufficient if they occurred
on a date reasonably near the date stated in the Indictment.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 40 of 42 Pageid#: 7468
Instruction No. Zb
The word "knowingly" means that the act in question was done
voluntarily and intentionally, not by mistake or accident.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 41 of 42 Pageid#: 7469
Instruction No. QI
It is your duty as jurors to talk with one another and to deliberate in
the jury room. You should try to reach an agreement if you can. Each of
you must decide the case for yourself, but only after consideration of the
evidence with the other members of the jury. While this is going on, do
not hesitate to re-examine your own opinions and change your mind if
you are convinced that you were wrong. But do not give up your honest
beliefs solely because the others think differently, or merely to get the;
case over with. In a very rerJ way you are judges, judges of the facts.
Your only interest is to determine whether the government has proved the
defendant guilty beyond a reasonable doubt.
During your deliberations, you must not communicate with anyone
else outside of the jur; about the case. You must not use any electronic
device, including cell phones, the Internet, social media, a blog, vvebsite,
or any other method to communicate about the case or conduct any
research.
Case 1:21-cr-00024-JPJ-PMS Document 858 Filed 08/11/22 Page 42 of 42 Pageid#: 7470
When you go to the jury room to begin considering the evidence in
this case; you should: first select-one of the members· of the jury to act as
your foreperson.· This person· will help to guide your discussions in the
jury room: :once you are.there, ifyou needto communicate with rrie; the
· foreper·son will send· a written message to me. Do not attempt to.
communicate with _me except. by a written message. Bear in mind that
you must not reveal to any person, including in any written message to
::: ;> · , . me, how you stand as to your verdi~t, numerically or otherwise, until after
• l , . . . - ••
-.;
~~
, ..
i,:;: you have r~.ached a.unanimou.s. verdict. As I 1nentioned.severaltimes, the
,· .' , .
···· decision you reach must be unanimqus, you, must all agree.
There :is a verdict form, which I will send with you to, the jury room.
I will also
. ·,. .
,'
send to the jury roo1n with
.
you a copy of the.. Indictme11t
.
And
.
: . . ,,.;
again, I remind you that the Indictment is not evidenc~. · It is simply a
• •. · • r. • '. ! ·_. .• . . . : . . . . . . . . . .
staternent o(the charges_.· And:when yoµ have ·reaGhed a unanimous
.,, 'i· •.•• ·: _: • ' ,, . • :. ' •• ·; ' ' • • ••
decision.., and the. v~rdict form is .con1plet~p, the foreperson should sign
· the v~~dict form, and annoµ_nce that you are ready to return to the.
courtroom.
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