Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 419, D. Minn.)
Summary
Joint Proposed Jury Instructions in United States of America v. Aimee Marie Bock, Salim Ahmed Said, Abdulkadir Nur Salah and Abdi Nur Salah, Criminal No. 22-223 (NEB/TNL), Case 0:22-cr-00223-NEB-DTS, in the District of Minnesota, Doc. 419 filed 01/10/25. The United States and the defendants, through counsel, request that the Court use the attached proposed jury instructions and reserve the right to submit additional ones. The filing begins with instructions to be given at the beginning of trial, starting with Jury Instruction No. 1, Introduction, and includes bracketed proposals where the government and the defendants differ, such as whether the Court reads the indictment verbatim. Its final instructions on deliberations cite the Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.12 (2023). It is dated January 10, 2025.
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“Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 419, D. Minn.).”
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CASE 0:22-cr-00223-NEB-DTS Doc. 419 Filed 01/10/25 Page 1 of 184
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Criminal No. 22-223 (NEB/TNL)
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) JOINT PROPOSED
) JURY INSTRUCTIONS
1. AIMEE MARIE BOCK, )
3. SALIM AHMED SAID, )
4. ABDULKADIR NUR SALAH, and )
6. ABDI NUR SALAH, )
)
Defendants. )
The United States, by and through its attorneys, Andrew M.
Luger, United States Attorney for the District of Minnesota, and Joseph H.
Thompson, Matthew S. Ebert, Harry M. Jacobs, and Daniel W. Bobier, Assistant
United States Attorneys, and the defendants, Aimee Marie Bock, Salim Ahmed Said,
Abdulkadir Nur Salah, and Abdi Nur Salah, by and through their undersigned
counsel, hereby request that the Court use the attached proposed jury instructions
in the above-captioned case. The parties reserve the right to submit additional
proposed instructions.
CASE 0:22-cr-00223-NEB-DTS Doc. 419 Filed 01/10/25 Page 2 of 184
Dated: January 10, 2025 Respectfully Submitted,
ANDREW M. LUGER
United States Attorney
BY: /s/ Joseph H. Thompson
JOSEPH H. THOMPSON
MATTHEW S. EBERT
HARRY M. JACOBS
DANIEL W. BOBIER
Assistant United States Attorneys
/s/ Kenneth U. Udoibok /s/ Michael J. Colich
Kenneth U. Udoibok Michael J. Colich
Counsel for Aimee Marie Bock Adrian Scott LaFavor-Montez
Counsel for Salim Ahmed Said
/s/ Surya Saxena /s/ Brian N. Toder
Surya Saxena Brian N. Toder
Nicholas Scheiner Counsel for Abdi Nur Salah
Counsel for Abdulkadir Nur Salah
1
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INSTRUCTIONS TO BE GIVEN AT THE BEGINNING OF TRIAL
1
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JURY INSTRUCTION NO. 1
Introduction
Ladies and gentlemen: I will take a few moments now to give you some
initial instructions about this case and about your duties as jurors. At the end of
the trial, I will give you further instructions. I may also give you instructions during
the trial. Unless I specifically tell you otherwise, all such instructions—both those
I give you now and those I give you later—are equally binding on you and must
be followed.
You must leave your cell phone, PDA, Blackberry, smart phone, iPhone and
any other wireless communication devices in the jury room during the trial and may
only use them during breaks. However, you are not allowed to have cell phones in
the jury room during your deliberations. You may give the cell phone to the
[bailiff] [deputy clerk] for safekeeping just before you start to deliberate. It will be
returned to you when your deliberations are complete.
This is a criminal case, brought against the defendants by the United States.
The defendants are collectively charged with thirty-two crimes: one count of Wire
Fraud Conspiracy; nine counts of Wire Fraud; one count of Conspiracy to Commit
Federal Programs Bribery; thirteen counts of Federal Programs Bribery; one count of
Conspiracy to Commit Concealment Money Laundering; seven counts of Engaging in
Monetary Transactions in Property Derived from Unlawful Activity. Those charges
are set forth in what is called an indictment [which reads as follows]. [[The parties
jointly propose that the Court provide a brief summary here, instead of reading the
2
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indictment verbatim. The Defendants Object to the Court Reading the Indictment as
filed.]]
You should understand that an indictment is simply an accusation. It is not
evidence of anything. The defendants have pleaded not guilty and are presumed to
be innocent unless and until proved guilty beyond a reasonable doubt.
[[GOVERNMENT’S PROPOSED INSTRUCTION: It will be your duty to
decide from the evidence whether the defendants are guilty or not guilty of the crime
charged.]]
[[DEFENDANTS’ PROPOSAL: It will be your duty to decide from the evidence
whether the United States has proved the defendants guilty beyond a reasonable
doubt of any of the charges, or if they are not guilty of the each of crimes charged.]]
From the evidence, you will decide what the facts are. You are entitled to
consider that evidence in the light of your own observations and experiences in the
affairs of life. You may use reason and common sense to draw deductions or
conclusions from facts which have been established by the evidence. You will then
apply those facts to the law which I give you in these and in my other instructions,
and in that way reach your verdict. You are the sole judges of the facts, but you must
follow my instructions, whether you agree with them or not. You have taken an oath
to do so.
Do not allow sympathy or prejudice to influence you. The law demands of you
a just verdict, unaffected by anything except the evidence, your common sense, and
the law as I give it to you.
3
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You should not take anything I may say or do during the trial as indicating
what I think of the evidence or what I think your verdict should be.
Finally, please remember that only the defendants, not anyone else, are on
trial, and that the defendants are on trial only for the crimes charged, not for
anything else. 1
1 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.01 (2023).
4
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JURY INSTRUCTION NO. 2
Elements of the Offense – Preliminary
To help you follow the evidence, I will now give you a brief summary of the
elements of the crimes charged, which the United States must prove beyond a
reasonable doubt to make its case. I will provide you with more detailed instructions
regarding the elements of the charged offense before you deliberate.
Wire Fraud Conspiracy
The crime of Wire Fraud Conspiracy, as charged in Count 1 of the indictment,
has four elements:
One, two or more people reached an agreement to commit the crime of wire
fraud (I will provide you the elements of the crime of wire fraud in a few moments);
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement; and
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
If all the elements for Conspiracy to Commit Wire Fraud for Count 1 have been
proved beyond a reasonable doubt, then you must find the defendant guilty of the
crime charged under that count; otherwise, you must find the defendant not guilty of
5
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the crime charged under that count. 2
Wire Fraud
The crime of Wire Fraud, as charged in Counts 2-6, 8, and 12-14 of the
indictment, has three elements:
One, the defendant voluntarily and intentionally devised or made up a scheme
to defraud, or participated in a scheme to defraud with knowledge of the scheme’s
fraudulent nature, another out of money or property by means of material false
representations or promises;
Two, the defendant acted with the intent to defraud;
Three, the defendant used, or caused to be used, an interstate wire
communication, that is, an e-mail or a wire transfer of funds, in furtherance of, or in
an attempt to carry out, some essential step in the scheme.
If all the elements for Wire Fraud for Counts 2-6, 8, and 12-14 have been
proved beyond a reasonable doubt for the count you are considering, then you must
find the defendant guilty of the crime charged under that count; otherwise, you must
find the defendant not guilty of the crime charged under that count. 3
Conspiracy to Commit Federal Programs Bribery
The crime of Conspiracy to Commit Federal Programs Bribery, as charged in
Count 15 of the indictment, has four elements:
2 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1343. 5.06A-1 (2023).
3 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1343 (2023).
6
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One, two or more people reached an agreement to commit the crime of federal
programs bribery (I will provide you the elements of the crime of federal programs
bribery in a moment);
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement; and
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
If all the elements for Conspiracy to Commit Federal Programs Bribery for
Count 13 have been proved beyond a reasonable doubt, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count. 4
[[GOVERNMENT’S PROPOSED INSTRUCTIONS:
Federal Programs Bribery (Giving or Agreeing to Give a Bribe)
The crime of Federal Programs Bribery, as charged in Counts 16-20, 22, 24,
32, 34, 36-38, and 40 of the indictment, has four elements:
One, Aimee Bock and/or Abdikerm Eidleh acted as agents of Feeding Our
Future;
4 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C, 5.06A-1 (2023).
7
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Two, the defendant corruptly offered, gave, or agreed to give money or
something of value to Aimee Bock and/or Abdikerm Eidleh in connection with
Feeding Our Future sponsoring or continuing to sponsor the defendant and/or the
defendant’s co-conspirators’ fraudulent participation in the Federal Child Nutrition
Program;
Three, the offer, payment, or the agreement to make the payment occurred
before an official act in order to influence Aimee Bock and/or Abdikerm Eidleh with
respect to that future official act, meaning sponsoring or continuing to sponsor the
defendant’s and his co-conspirators’ fraudulent participation in the Federal Child
Nutrition Program;
Four, the transaction involved something of value of $5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000, pursuant to
the Federal Child Nutrition Program, within a one-year period beginning no earlier
than twelve months before the commission of the offense or that ends no later than
twelve months after the commission of the offense.
If all the elements for Federal Program Bribery for Counts 16-20, 22, 24, 32,
34, 36-38, and 40 have been proved beyond a reasonable doubt, then you must find
the defendant guilty of the crime charged under that count; otherwise, you must find
the defendant not guilty of the crime charged under that count. 5
5 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
8
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Federal Programs Bribery (Accepting or Agreeing to Accept a Bribe)
The crime of Federal Programs Bribery, as charged in Count 40 of the
indictment, has four elements:
One, Aimee Bock acted as an agent of Feeding Our Future;
Two, Aimee Bock corruptly solicited, demanded, accepted, or agreed to accept,
money or something of value in connection with Feeding Our Future sponsoring or
continuing to sponsor the co-conspirators’ fraudulent participation in the Federal
Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Aimee Bock with respect to that future official
act, meaning sponsoring or continuing to sponsor the co-conspirators’ fraudulent
participation in the Federal Child Nutrition Program;
Four, the transaction involved something of value of $5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000, pursuant to
the Federal Child Nutrition Program, within a one-year period beginning no earlier
than twelve months before the commission of the offense or that ends no later than
twelve months after the commission of the offense.
If all the elements for Federal Program Bribery for Count 40 have been proved
beyond a reasonable doubt, then you must find the defendant guilty of the crime
charged under that count; otherwise, you must find the defendant not guilty of the
9
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crime charged under that count. 6]]
[[DEFENDANTS’ PROPOSED ALTERNATIVES:
Federal Programs Bribery (Agreeing to Give a Bribe) 7
The crime of Federal Programs Bribery, is charged in Counts 12, 17, 18, 19, 20,
22, 24, 32, 34, 36, 37, 38, and 40 of the indictment. With the exception of Count 40,
all of these counts allege that a federal programs bribe was paid to Abdikerm Eidleh.
Count 40 alleges that a federal programs bribe was paid to Aimee Bock.
The crime of Agreeing to Give a Federal Programs Bribe has four elements:
One, Aimee Marie Bock or Abdikerm Eidleh (depending on the count you are
considering), were agents of Feeding Our Future;
Two, before Bock or Eidleh sponsored the defendant’s participation in the
Federal Child Nutrition Program, the defendant and either Bock or Eidleh corruptly
reached an agreement under which the defendant corruptly agreed to give money or
something of value to Bock or Eidleh in connection with that sponsorship;
6 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
7 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt.
545 (June 5, 2024); Snyder v. United States, 603 U.S. 1 (2024); United States v.
Macrina, 109 F.4th 1341, 1351 (11th Cir. 2024) (“[T]he [Snyder] Court made clear
that the key difference between a gratuity and a bribe is whether the official and the
payer agreed to a payment for the official act. If there were an agreement before the
official act was complete to make a payment for that act, the payment received after
the act could still be considered a bribe.”) (citation omitted); United States v. Bock,
22-cr-223 NEB-DTS (ECF No. 402) at 15 (“To charge federal programs bribery post‐
Snyder, the bribe‐giver and the bribe‐taker must have come to their quid pro quo
agreement before the official act. Snyder, 603 U.S. at 6.”); Id. at 18 (“At trial, the
Government will need to prove beyond a reasonable doubt that defendants formed a
quid pro quo agreement before obtaining Feeding Our Future’s sponsorship.”).
10
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Three, Feeding Our Future’s sponsorship of the defendant’s participation in
the Federal Child Nutrition Program involved something of value of $5,000 or more;
and
Four, Feeding Our Future received benefits in excess of $10,000 pursuant to
the Federal Child Nutrition Program during a one-year period beginning no earlier
than twelve months before the commission of the offense or that ends no later than
twelve months after the commission of the offense. 8
If all the elements for Federal Program Bribery for Counts 16-40 have been
proved beyond a reasonable doubt, then you must find the defendant whose case you
are considering guilty of the crime charged under that count; otherwise, you must
find the defendant not guilty of the crime charged under that count.
Federal Programs Bribery (Agreeing to Accept a Bribe) 9
As to defendant Aimee Bock, the crime of Soliciting, Demanding, Accepting, or
Agreeing to Accept a Bribe in connection with a Federal Program as charged in Count
40 of the indictment, has four elements:
One, Aimee Marie Bock was an agent of Feeding Our Future;
Two, before Bock engaged in a transaction to sponsor defendant Abdulkadir
Salah’s participation in the Federal Child Nutrition Program, Aimee Marie Bock and
8 18 U.S.C. § 666(d)(5).
9 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt.
545 (June 5, 2024).
11
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Abdulkadir Salah corruptly entered an agreement 10 for Bock to accept money or
something of value from Abdulkadir Salah in connection with that sponsorship;
Three, Feeding Our Future’s sponsorship of the defendant’s participation in
the Federal Child Nutrition Program involved something of value of $5,000 or more;
and
Four, Feeding Our Future received benefits in excess of $10,000 pursuant to
the Federal Child Nutrition Program in the one-year period beginning no earlier than
twelve months before the commission of the offense or that ends no later than twelve
months after the commission of the offense.
If all the elements of Agreeing to Accept a Bribe in connection with a Federal
Program have been proved beyond a reasonable doubt, then you must find the
defendant whose case you are considering guilty of the crime charged under that
count; otherwise, you must find the defendant not guilty of the crime charged under
that count.]]
10 Snyder v. United States, 603 U.S. 1 (2024); United States v. Macrina, 109 F.4th
1341, 1351 (11th Cir. 2024) (“[T]he [Snyder] Court made clear that the key difference
between a gratuity and a bribe is whether the official and the payer agreed to a
payment for the official act. If there were an agreement before the official act was
complete to make a payment for that act, the payment received after the act could
still be considered a bribe.”) (citation omitted); United States v. Bock, 22-cr-223 NEB-
DTS (ECF No. 402) at 15 (“To charge federal programs bribery post‐Snyder, the bribe‐
giver and the bribe‐taker must have come to their quid pro quo agreement before the
official act. Snyder, 603 U.S. at 6.”); Id. at 18 (“At trial, the Government will need to
prove beyond a reasonable doubt that defendants formed a quid pro quo agreement
before obtaining Feeding Our Future’s sponsorship.”).
12
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Conspiracy to Commit Concealment Money Laundering
The crime of Conspiracy to Commit Concealment Money Laundering, as
charged in Count 41 of the indictment, has four elements:
One, two or more people reached an agreement to commit the crime of
concealment money laundering;
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement; and
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
The crime of Concealment Money Laundering has four elements:
One, on or about a date, the defendant conducted or attempted to conduct a
financial transaction, which in any way or degree affected interstate commerce;
Two, the defendant conducted or attempted to conduct the financial
transaction with money or property that involved the proceeds of the crime of wire
fraud;
Three, at the time the defendant conducted or attempted to conduct the
financial transaction, the defendant[s] knew the money or property represented the
proceeds of some form of unlawful activity; and
Four, the defendant conducted or attempted to conduct the financial
13
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transaction knowing that the transaction was designed in whole or in part to conceal
or disguise the nature, location, source, ownership or control of the proceeds of wire
fraud.
[[GOVERNMENT’S PROPOSED ADDITION:
You may find that [the defendant] knew the purpose of the financial
transaction was to conceal or disguise the nature, location, source, ownership or
control of the proceeds of wire fraud if you find beyond a reasonable doubt that that
defendant believed there was a high probability of such purpose and that [he] [she]
took deliberate actions to avoid learning of that fact. Knowledge may be inferred if
the defendant [(name)] deliberately closed [his] [her] eyes to what would otherwise
have been obvious to [him] [her]. A willfully blind defendant is one who takes
deliberate actions to avoid confirming a high probability of wrongdoing and who can
almost be said to have actually known the critical facts. 11]] [[Defendants object to the
inclusion of a Willfull Blindness/Deliberate Indifference Instruction at any time, and
certainly in the preliminary instructions]]
If all the elements for Conspiracy to Commit Concealment Money Laundering
for Count 41 have been proved beyond a reasonable doubt, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count. 12
11 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 6.18.1956(B)
(2023).
12 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1957, 5.06A-1 (2023).
14
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Engaging in Monetary Transactions in Property Derived from Unlawful
Activity
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Counts 42, 44, 51, 52, 57, 58, and 59 of the
indictment, has five elements:
One, the defendant knowingly engaged in a monetary transaction;
Two, the monetary transaction was of property of a value greater than $10,000
derived from wire fraud;
Three, the defendant then knew that the monetary transaction involved
proceeds of a criminal offense;
Four, the monetary transaction took place in the United States; and
Five, the monetary transaction in some way or degree affected interstate
commerce.
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Counts 42, 44, 51, 52, 57, 58, and 59 have been proved
beyond a reasonable doubt for the count you are considering, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count. 13
You should understand, however, that what I have just given you is only a
preliminary outline. At the end of the trial, I will give you a final instruction on these
matters. If there is any difference between what I just told you, and what I tell you
13 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1957 (2023).
15
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in the instructions I give you at the end of the trial, the instructions given at the end
of the trial must govern you. 14
14 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.02.
16
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JURY INSTRUCTION NO. 3
Direct and Circumstantial Evidence
I have mentioned the word “evidence.” “Evidence” includes the testimony of
witnesses, documents, and other things received as exhibits, any facts that have been
stipulated—that is, formally agreed to by the parties, and any facts that have been
judicially noticed—that is, facts which I say you may, but are not required to, accept
as true, even without evidence.
Certain things are not evidence. I will list those things for you now:
Statements, arguments, questions, and comments by lawyers representing the
parties in the case are not evidence.
Objections are not evidence. Lawyers have a right to object when they believe
something is improper. You should not be influenced by the objection. If I sustain
an objection to a question, you must ignore the question and must not try to guess
what the answer might have been.
Testimony that I strike from the record, or tell you to disregard, is not evidence
and must not be considered.
Anything you see or hear about this case outside the courtroom is not evidence,
unless I specifically tell you otherwise during the trial.
Furthermore, a particular item of evidence is sometimes received for a limited
purpose only. That is, it can be used by you only for one particular purpose, and not
for any other purpose. I will tell you when that occurs and instruct you on the
purposes for which the item can and cannot be used.
17
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Finally, some of you may have heard the terms “direct evidence” and
“circumstantial evidence.” You are instructed that you should not be concerned with
those terms. The law makes no distinction between direct and circumstantial
evidence. You should give all evidence the weight and value you believe it is entitled
to receive. 15
15 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.03 (2023).
18
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JURY INSTRUCTION NO. 4
Credibility of Witnesses
[[GOVERNMENT’S PROPOSED INSTRUCTION: In deciding what the facts
are, you may have to decide what testimony you believe and what testimony you do
not believe. You may believe all of what a witness said, or only part of it, or none of
it.
In deciding what testimony of any witness to believe, consider the witness’s
intelligence, the opportunity the witness had to have seen or heard the things testified
about, the witness’s memory, any motives that witness may have for testifying a
certain way, the manner of the witness while testifying, whether that witness said
something different at an earlier time, the general reasonableness of the testimony,
and the extent to which the testimony is consistent with other evidence that you
believe. 16
Again, you must avoid bias, conscious or unconscious, based on a witness’s race,
color, ethnicity, national origin, religion, gender, gender identity, sexual orientation,
disability, or economic circumstances in your determinations of credibility.]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: You, as jurors, are the sole and
exclusive judges of the credibility of each of the witnesses called to testify in this case
and only you determine the importance or the weight, if any, that their testimony
16 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.05 (2023).
19
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deserves. After making your assessment concerning the credibility of a witness, you
may decide to believe all of that witness's testimony, only a portion of it, or none of it.
In making your assessment of that witness you should carefully scrutinize all
of the testimony given by that witness, the circumstances under which each witness
has testified, and all of the other evidence which tends to show whether a witness, in
your opinion, is worthy of belief.
Consider each witness's intelligence, motive to falsify, state of mind, and
appearance and manner while on the witness stand. Consider the witness's ability to
observe the matters as to which he or she has testified and consider whether he or she
impresses you as having an accurate memory or recollection of these matters. Consider
also any relation a witness may bear to either side of the case, the manner in which
each witness might be affected by your verdict, and the extent to which, if at all, each
witness is either supported or contradicted by other evidence in the case. 17]]
171A Fed. Jury Prac. & Instr. § 15:01 (7th ed.); Manual of Model Criminal Jury
Instructions for the Eighth Circuit § 1.05 (2023).
20
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JURY INSTRUCTION NO. 5
No Transcript Available – Note–Taking
At the end of the trial, you must make your decision based on what you recall
of the evidence. You will not have a written transcript to consult, and it may not be
practical for the court reporter to read back lengthy testimony. You must pay close
attention to the testimony as it is given.
If you wish, however, you may take notes to help you remember what witnesses
said. If you do take notes, please keep them to yourself until you and your fellow
jurors go to the jury room to decide the case. And do not let note-taking distract you
so that you do not hear other answers by the witness.
When you leave at night, your notes will be secured and not read by anyone. 18
18 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.06A (2023).
21
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JURY INSTRUCTION NO. 6
Bench Conferences and Recesses
During the trial it may be necessary for me to talk with the lawyers out of the
hearing of the jury, either by having a bench conference here while the jury is present
in the courtroom, or by calling a recess. Please understand that while you are
waiting, we are working. The purpose of these conferences is to decide how certain
evidence is to be treated under the rules of evidence, and to avoid confusion and error.
We will, of course, do what we can to keep the number and length of these conferences
to a minimum. 19
19 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.07 (2023).
22
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JURY INSTRUCTION NO. 7
Conduct of the Jury
To ensure fairness, you as jurors must obey the following rules:
First, do not talk or communicate among yourselves about this case, or about
anyone involved with it, until the end of the case when you go to the jury room to
decide on your verdict.
Second, do not talk with anyone else about this case, or about anyone involved
with it, until the trial has ended and you have been discharged as jurors.
Third, when you are outside the courtroom, do not let anyone tell you anything
about the case, or about anyone involved with it until the trial has ended and your
verdict has been accepted by me. If someone should try to talk to you about the case
during the trial, please report it to the deputy.
Fourth, during the trial you should not talk with or speak to any of the parties,
lawyers or witnesses involved in this case—you should not even pass the time of day
with any of them. It is important not only that you do justice in this case, but that
you also give the appearance of doing justice. If a person from one side of the case
sees you talking to a person from the other side—even if it is simply to pass the time
of day—an unwarranted and unnecessary suspicion about your fairness might be
aroused. If any lawyer, party, or witness does not speak to you when you pass in the
hall, ride the elevator, or the like, it is because they are not supposed to talk to or
visit with you.
23
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Fifth, it may be necessary for you to tell your family, close friends, teachers,
coworkers, or employer about your participation in this trial. You can explain when
you are required to be in court and can warn them not to ask you about this case, tell
you anything they know or think they know about this case, or discuss this case in
your presence. You must not communicate with anyone or post information about
the parties, witnesses, participants, charges, evidence, or anything else related to this
case. You must not tell anyone anything about the jury’s deliberations in this case
until after I accept your verdict or until I give you specific permission to do so. If you
discuss the case with someone other than the other jurors during deliberations, it
could create the perception that you have clearly decided the case or that you may be
influenced in your verdict by their opinions. That would not be fair to the parties and
it may result in the verdict being thrown out and the case having to be retried. During
the trial, while you are in the courthouse and after you leave for the day, do not
provide any information to anyone by any means about this case. Thus, for example,
do not talk face-to-face or use any electronic device or media, such as the telephone,
a cell or smart phone, computer, any online service, any text or instant messaging
service, any Internet chat room, blog, or Website such as Facebook, TikTok,
Instagram, YouTube, X, formerly known as Twitter, or any other way to communicate
to anyone any information about this case until I accept your verdict.
Sixth, do not do any research—on the Internet, via electronic devices, in
libraries, in the newspapers, or in any other way—or make any investigation about
this case on your own. Do not visit or view any place discussed in this case and do
24
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not use Internet programs or other device to search for or to view any place discussed
in the testimony. Also, do not research any information about this case, the law, or
the people involved, including the parties, the witnesses, the lawyers, or the judge.
Seventh, do not read any news stories or articles in print, or on the Internet, or
in any blog, about the case, or about anyone involved with it, or listen to any radio or
television reports about the case or about anyone involved with it. In fact, until the
trial is over, I suggest that you avoid reading any newspapers or news journals at all,
and avoid listening to any television or radio newscasts at all. I do not know whether
there might be any news reports of this case, but if there are, you might inadvertently
find yourself reading or listening to something before you could do anything about it.
If you want, you can have your spouse or a friend clip out any stories and set them
aside to give you after the trial is over. I can assure you, however, that by the time
you have heard the evidence in this case, you will know what you need to return a
just verdict.
The parties have a right to have the case decided only on evidence they know
about and that has been introduced here in court. If you do some research or
investigation or experiment that we don’t know about, then your verdict may be
influenced by inaccurate, incomplete or misleading information that has not been
tested by the trial process, including the oath to tell the truth and by
cross-examination. All of the parties are entitled to a fair trial, rendered by an
impartial jury, and you must conduct yourself so as to maintain the integrity of the
trial process. If you decide a case based on information not presented in court, you
25
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will have denied the parties a fair trial in accordance with the rules of this country
and you will have done an injustice. It is very important that you abide by these
rules. Remember, you have taken an oath to abide by these rules and you must do
so. Failure to follow these instructions may result in the case having to be retried and
could result in you being held in contempt.
Eighth, do not make up your mind during the trial about what the verdict
should be. Keep an open mind until after you have gone to the jury room to decide
the case and you and your fellow jurors have discussed the evidence.
Ninth, faithful performance by you of your duties as jurors is vital to the
administration of justice. You should perform your duties without prejudice or fear,
and solely from a fair and impartial consideration of the whole case.
[Our system of justice depends on jurors like you being able and willing to
make careful and fair decisions. A first response is often like a reflex; it may be quick
and automatic. Even though a quick response may not be the result of conscious
thought, it may influence how we judge people or even how we remember or evaluate
evidence. You must not decide this case based on personal likes or dislikes, sympathy,
prejudice, fear, public opinion, or biases, including unconscious biases such as
stereotypes, attitudes, or preferences that people may consciously reject but may
express without conscious awareness, control, or intention. Take the time to reflect
carefully and consciously about the evidence.] 20
20 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.08 (2023).
26
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JURY INSTRUCTION NO. 8
Outline of Trial
The trial will proceed in the following manner:
First, an attorney for the United States will make an opening statement. Next,
the defendants’ attorneys may, but do not have to, make an opening statement. An
opening statement is not evidence but is simply a summary of what the attorney
expects the evidence to be.
The United States will then present its evidence and the defendants may
cross-examine. Following the case by the United States, the defendants may, but do
not have to, present evidence, testify or call other witnesses. If the defendants call
witnesses, the United States’ counsel may cross-examine them.
After presentation of evidence is completed, the attorneys will make their
closing arguments to summarize and interpret the evidence for you. As with opening
statements, closing arguments are not evidence. The Court will instruct you further
on the law. After that you will retire to deliberate on your verdict. 21
21 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 1.09 (2023).
27
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JURY INSTRUCTION NO. 9
Pretrial Publicity
There has been some publicity about this case prior to the beginning of this
trial. The statements contained in some of the accounts may, of course, not be
accurate and may have come from individuals who were not present in court and who,
therefore, could not be seen and evaluated by a jury like all other witnesses.
You of course must lay aside and completely disregard anything you may have
read or heard about the case outside of this courtroom because your verdict must be
based solely and exclusively on the evidence presented here in court in accordance
with my instructions to you.
To rely on anything you see and hear outside of this courtroom in reaching your
verdict is a violation of your oath as a juror. 22
22 Kevin F. O’Malley, Jay E. Grenig & Hon. William C. Lee, 1A Federal Jury Practice
and Instructions § 10:02 (6th ed. 2023).
28
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JURY INSTRUCTION NO. 10
Evidence Admitted Against Only One Defendant
[If appropriate]
As you know, there are four defendants on trial here: Aimee Bock, Salim Said,
Abdulkadir Nur Salah, and Abdi Nur Salah. Each defendant is entitled to have his
or her case decided solely on the evidence which applies to him or her. Much of the
evidence in this case will apply only to one specific defendant at a time; you may not
consider that evidence against the other defendants to whom it does not directly
apply. 23
23 Eighth Circuit Model Jury Instructions, Criminal, § 2.14 (Revised October 2021)
(modified).
29
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JURY INSTRUCTION NO. 11
[[DEFENDANTS’ REQUESTED INSTRUCTION:
Number of Witnesses Called is Not Controlling
Your decision on the facts of this case should not be determined by the number
of witnesses testifying for or against a party. You should consider all the facts and
circumstances in evidence to determine which of the witnesses you choose to believe
or not believe. You may find that the testimony of a smaller number of witnesses on
one side is more credible than the testimony of a greater number of witnesses on the
other side.
You should keep in mind that the burden of proof is always on the prosecution
and the defendants are not required to call any witnesses or offer any evidence, since
they are presumed to be innocent. 24 There is no burden upon a defendant to prove
that he or she is innocent. 25]]
24 (Criminal) Hon. Leonard B. Sand et al., Modern Federal Jury Instructions ¶ 4-3
(Number of Witnesses and Uncontradicted Testimony) (Matthew Bender ed. 2021)
(modified).
25 1A Fed. Jury Prac. & Instr. § 14:16 (7th ed.) (as modified).
30
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JURY INSTRUCTION NO. 12
[[DEFENDANTS’ REQUESTED INSTRUCTION:
The Government as a Party
You are to perform the duty of finding the facts without bias or prejudice as to
any party. You are to perform your final duty in an attitude of complete fairness and
impartiality.
The fact that this prosecution is brought in the name of the United States of
America entitles the prosecution to no greater consideration than that accorded to
any party to a litigation. By the same token, it is entitled to no less consideration. All
parties, whether the United States or individuals, stand as equals at the bar of
justice. 26]]
26 (Criminal) Hon. Leonard B. Sand et al., Modern Federal Jury Instructions ¶ 2-5
(The Government as a Party) (Matthew Bender ed. 2021) (modified).
31
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JURY INSTRUCTION NO. 13
[[DEFENDANTS’ REQUESTED INSTRUCTION]
Viewing of Location Prohibited 27
During the trial you will hear about several locations in Minnesota that have
some relationship to this case. Under no circumstances, however, are you to visit any
location identified during the trial or during your deliberation.
In making an unguided visit without the benefit of explanation from the
witnesses under questioning by the lawyers you might form erroneous impressions
about the location or witnesses who may testify about those locations. Significant or
subtle changes, may have also taken place these locations in the months or years
between occurrences referred to in the evidence and during trial.]]
27 1A Fed. Jury Prac. & Instr. § 10:07 (7th ed.).
32
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INSTRUCTIONS FOR USE DURING TRIAL
33
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JURY INSTRUCTION NO. 14
Duties of Jury – Recess
During this recess, and every other recess, you must not discuss this case with
anyone, including the other jurors, members of your family, people involved in the
trial, or anyone else. Do not allow anyone to discuss the case with you or within your
hearing. Only you have been chosen as jurors in this case, and only you have sworn
to uphold the law—no one else has been chosen to do this. You should not even talk
amongst yourselves about the case before you have heard all the evidence and the
case has been submitted to you by me for deliberations, because it may affect your
final decision. If anyone tries to talk to you about the case, please let me know about
it immediately.
When I say, “you must not discuss the case with anyone,” I also mean do not
e-mail, send text messages, blog or engage in any other form of written, oral or
electronic communication, as I instructed you before.
Do not read any newspaper or other written account, watch any televised
account, or listen to any radio program about this trial. Do not conduct any Internet
research or consult with any other sources about this case, the people involved in the
case, or its general subject matter. You must keep your mind open and free of outside
information. Only in this way will you be able to decide the case fairly, based solely
on the testimony, evidence presented in this courtroom, and my instructions on the
law. If you decide this case on anything else, you will have done an injustice. It would
be a violation of your oath for you to base your decision on some reporter’s view or
34
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opinion, or upon other information you acquire outside the courtroom. It is very
important that you follow these instructions.
I may not repeat these things to you before every recess, but keep them in mind
throughout the trial. 28
28 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 2.01 (2023).
35
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JURY INSTRUCTION NO. 15
Stipulated Facts
[If appropriate]
The United States and the defendants have stipulated—that is, they have
agreed—that certain facts are as counsel just stated. You must therefore treat those
facts as having been proved. 29
29 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 2.03 (2023).
36
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JURY INSTRUCTION NO. 16
[[GOVERNMENT’S PROPOSED INSTRUCTION
Judicial Notice – Fed. R. Evid. 201
[If appropriate]
Even though no evidence has been introduced about it, I have decided to accept
as proved the fact that (insert fact noticed). I believe this fact [is of such common
knowledge] [can be so accurately and readily determined from (name accurate
source)] that it cannot reasonably be disputed. You may therefore treat this fact as
proved, even though no evidence was brought out on the point. As with any fact,
however, the final decision whether or not to accept it is for you to make and you are
not required to agree with me. 30]]
30 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 2.04 (2023).
37
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JURY INSTRUCTION NO. 17
Transcript of Recorded Conversation
[If appropriate]
As you have heard, there is a transcript of the recording [I just mentioned] [you
are about to hear]. That transcript also undertakes to identify the speakers engaged
in the conversation.
The transcript is for the limited purpose of helping you follow the conversation
as you listen to the recording and also to help you keep track of the speakers.
Differences in meaning between what you hear in the recording and read in the
transcript may be caused by such things as the inflection in a speaker’s voice. It is
what you hear, however, and not what you read, that is the evidence. 31
31 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 2.06A (2023).
38
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JURY INSTRUCTION NO. 18
[[GOVERNMENT’S PROPOSED INSTRUCTION
Statement of One Defendant in Multi-Defendant Trial
[If appropriate]
You may consider the statement of defendant (name) only in the case against
[him] [her], and not against the other defendant[s]. You may not consider or discuss
defendant (name)’s statement in any way when you are deciding if the United States
proved, beyond a reasonable doubt, its case against the other defendant[s]. 32]]
32 Eighth Circuit Model Jury Instructions, Criminal, § 2.15 (2023).
39
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JURY INSTRUCTION NO. 19
Witness Who Has Pleaded Guilty
[If appropriate]
You have heard that the witness (name) pleaded guilty to a crime which arose
out of the same events for which the defendant is on trial here. You must not consider
that guilty plea as any evidence of these defendants’ guilt. You may consider that
witness’ guilty plea only for the purpose of determining how much, if at all, to rely
upon [his] [her] testimony. 33
33 Eighth Circuit Model Jury Instructions, Criminal, § 2.19 (Revised October 2021).
40
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JURY INSTRUCTION NO. 20
Defendant’s Prior Similar Acts – Fed. R. Evid. 404(b)
[If appropriate]
[[GOVERNMENT’S PROPOSED INSTRUCTION: You [are about to hear]
[have heard] evidence that the defendant (describe evidence the jury is about to hear
or has heard). You may consider this evidence only if you (unanimously) find it is
more likely true than not true that the defendant committed the act. This is a lower
standard than proof beyond a reasonable doubt. You decide by considering all of the
evidence relating to the alleged act, then deciding what evidence is more believable.
If you find that this evidence has not been proved, you must disregard it. If you
find this evidence has been proved, then you may consider it only for the limited
purpose of deciding whether the defendant [had the state of mind or intent necessary
to commit the crime charged in the indictment]; or [had a motive or opportunity to
commit the acts described in the indictment]; or [acted according to a plan or in
preparation for commission of a crime]; or [committed the acts he is on trial for by
accident or mistake]; or [describe other permissible purpose]. You should give it the
weight and value you believe it is entitled to receive.
Remember, even if you find that the defendant may have committed one or
more similar acts in the past, this is not evidence that he committed such an act in
this case. You may not convict a person simply because you believe he may have
committed similar acts in the past. The defendant is on trial only for the crime
41
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charged, and you may consider the evidence of prior acts only on the issues stated
above. 34]]
[[DEFENDANTS’ ALTERNATIVE PROPOSAL:
Evidence that an act was done or that an offense was committed by Defendant
[name] at some other time is not, of course, any evidence or proof whatever that, at
another time, the defendant performed a similar act or committed a similar offense,
including the offense charged in [Count __ of] this indictment.
Evidence of a similar act or offense may not be considered by the jury in
determining whether Defendant [name] actually performed the physical acts charged
in this indictment. Nor may such evidence be considered for any other purpose
whatever, unless the jury first finds beyond a reasonable doubt from other evidence
in the case, standing alone, that Defendant [name] physically did the act charged in
[Count __ of] this indictment.
If the jury should find beyond a reasonable doubt from other evidence in the
case that Defendant [name] did the act or acts alleged in the particular count under
consideration, the jury may then consider evidence as to an alleged earlier act of a
like nature in determining the state of mind or intent with which Defendant [name]
actually did the act or acts charged in the particular count.
The defendant is not on trial for any acts or crimes not alleged in this
indictment. Nor may a defendant be convicted of the crime[s] charged even if you
34 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 2.08 (2023).
42
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were to find that [he] [she] committed other crimes—even crimes similar to the one
charged in this indictment . 35]]
35 1A Fed. Jury Prac. & Instr. § 17:08 (7th ed.). Defendants object to the government’s
attempt to introduce evidence under Rule 404(b) in this case.
43
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INSTRUCTIONS TO BE GIVEN AT THE CONCLUSION OF TRIAL
44
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JURY INSTRUCTION NO. 21
Introduction
Members of the jury, the instructions I gave you at the beginning of the trial
and during the trial remain in effect. I now give you some additional instructions.
You must, of course, continue to follow the instructions I gave you earlier, as
well as those I give you now. You must not single out some instructions and ignore
others, because all are important. This is true even though some of those I gave you
at the beginning of or during trial are not repeated here.
The instructions I am about to give you now, as well as those I gave you earlier,
are in writing and will be available to you in the jury room. Again, all instructions,
whenever given and whether in writing or not, must be followed. 36
36 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.01 (2023).
45
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JURY INSTRUCTION NO. 22
Duty of Jury
It is your duty to find from the evidence what the facts are. You will then apply
the law, as I give it to you, to those facts. You must follow my instructions on the
law, even if you thought the law was different or should be different.
You should not be influenced by any person’s race, color, ethnicity, national
origin, religion, gender, gender identity, sexual orientation, disability, or economic
circumstances. You must decide the case solely on the evidence and the law before
you and must not be influenced by any personal likes or dislikes, opinions, prejudices,
sympathy, or biases, including unconscious bias. Unconscious biases are stereotypes,
attitudes, or preferences that people may consciously reject but may express without
conscious awareness, control, or intention. Like conscious bias, unconscious bias, too,
can affect how we evaluate information and make decisions.
The law demands of you a just verdict, unaffected by anything except the
evidence, your common sense, and the law as I give it to you. 37
.
37 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.02 (2023)
(as modified).
46
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JURY INSTRUCTION NO. 23
Evidence; Limitations
I have mentioned the word “evidence.” The “evidence” in this case consists of
the testimony of witnesses, the documents, other things received as exhibits, the facts
that have been stipulated—this is, formally agreed to by the parties, [and the facts
that have been judicially noticed—this is, facts which I say you may, but are not
required to, accept as true, even without evidence].
You may use reason and common sense to draw deductions or conclusions from
facts which have been established by the evidence in the case.
Certain things are not evidence. I will list those things again for you now:
1. Statements, arguments, and questions by lawyers are not evidence.
2. Objections are not evidence. Lawyers have a right to object when they
believe something is improper. You should not be influenced by the objection. If I
sustained an objection to a question, you must ignore the question and must not try
to guess what the answer might have been.
3. Testimony that I struck from the record, or told you to disregard, is not
evidence and must not be considered.
4. Anything you saw or heard about this case outside the courtroom is not
evidence.
Finally, if you were instructed that some evidence was received for a limited
purpose only, you must follow that instruction. 38
38 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.03 (2023).
47
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JURY INSTRUCTION NO. 24
Credibility of Witnesses
In deciding what the facts are, you may have to decide what testimony you
believe and what testimony you do not believe. You may believe all of what a witness
said, or only part of it, or none of it.
In deciding what testimony to believe, consider the witness’ intelligence, the
opportunity the witness had to have seen or heard the things testified about, the
witness’ memory, any motives that witness may have for testifying a certain way, the
manner of the witness while testifying, whether that witness said something different
at an earlier time, the general reasonableness of the testimony, and the extent to
which the testimony is consistent with any evidence that you believe.
In deciding whether or not to believe a witness, keep in mind that people
sometimes hear or see things differently and sometimes forget things. You need to
consider therefore whether a contradiction is an innocent misrecollection or lapse of
memory or an intentional falsehood, and that may depend on whether it has to do
with an important fact or only a small detail.
You should judge the testimony of the defendant in the same manner as you
judge the testimony of any other witness. 39
39 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.04 (2023).
48
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JURY INSTRUCTION NO. 25
Character and Reputation
[If appropriate]
You have heard testimony about the character and reputation of [(name of
witness)] [the defendant] for truthfulness. You may consider this evidence only in
deciding whether to believe the testimony of [(name of witness)] [the defendant] and
how much weight to give it. 40
40 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 4.02 (2023).
49
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JURY INSTRUCTION NO. 26
Opinion Evidence – Expert Witness
[If appropriate]
You have heard testimony from persons described as experts. Persons who, by
knowledge, skill, training, education or experience, have become expert in some field
may state their opinions on matters in that field and may also state the reasons for
their opinion.
Expert testimony should be considered just like any other testimony. You may
accept or reject it and give it as much weight as you think it deserves, considering the
witness’ education and experience, the soundness of the reasons given for the opinion,
the acceptability of the methods used, and all the other evidence in the case. 41
41 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 4.10 (2023).
50
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JURY INSTRUCTION NO. 27
Demonstrative Summaries
[If appropriate]
Certain charts and summaries have been shown to you in order to help explain
the facts disclosed by the books, records, or other underlying evidence in the case.
Those charts or summaries are used for convenience. They are not themselves
evidence or proof of any facts. If they do not correctly reflect the facts shown by the
evidence in the case, you should disregard these charts and summaries and determine
the facts from the books, records or other underlying evidence. 42
42 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 4.11 (2023).
51
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JURY INSTRUCTION NO. 28
Rule 1006 Summary Charts
[If appropriate]
You will remember that certain [summaries] [charts] were admitted in
evidence. You may use those [summaries] [charts] as evidence, even though the
underlying documents and records are not here. [However, the [accuracy]
[authenticity] of those [summaries] [charts] has been challenged. It is for you to
decide how much weight, if any, you will give to them. In making that decision, you
should consider all of the testimony you heard about the way in which they were
prepared.] 43
43 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 4.12 (2023).
52
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JURY INSTRUCTION NO. 29
Testimony Under Plea Bargain
[If appropriate]
You have heard evidence that (name of witness) [has made a plea agreement
with the prosecution [has received a promise from the prosecution that [he] [she] will
not be prosecuted] [has received a promise from the prosecution that [his] [her]
testimony will not be used against [him] [her] in a criminal case]. [His] [Her]
testimony was received in evidence and may be considered by you. You may give [his]
[her] testimony such weight as you think it deserves. Whether or not [his] [her]
testimony may have been influenced by the [plea agreement] prosecution's promise]
is for you to determine.
The witness’ guilty plea cannot be considered by you as any evidence of this
defendant's guilt. The witness' guilty plea can be considered by you only for the
purpose of determining how much, if at all, to rely upon the witness' testimony. 44
44 Eighth Circuit Model Jury Instructions, Criminal, § 4.04 (Revised October 2021)
(modified).
53
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JURY INSTRUCTION NO. 30
Credibility – Cooperating Witness
[If appropriate]
You have heard that the witness (name) [pled] [pleaded] guilty to a crime which
arose out of the same events for which the defendant is on trial here. You must not
consider that guilty plea as any evidence of these defendants’ guilt. You may consider
that witness’ guilty plea only for the purpose of determining how much, if at all, to
rely upon [his] [her] testimony.
[[GOVERNMENT’S PROPOSED INSTRUCTION: You have heard evidence
that [name of witness] hopes to receive a reduced sentence on criminal charges
pending against him or her in return for their cooperation with the prosecution in
this case. This witness entered into a plea agreement with the prosecution that
provides, among other things, an agreement that the prosecution will recommend a
less severe sentence than the witness would have faced if they had not cooperated.
The Court has no power to reduce a sentence for substantial assistance unless the
prosecution, acting through the United States Attorney, files such a motion. If such
a motion is filed by the prosecution, then it is up to the Court to decide whether to
reduce the sentence at all, and if so, how much to reduce it.]]
[[DEFENDANTS’ ALTERNATIVE PROPOSAL:
You have heard evidence that [name of witness] hopes to receive a reduced
sentence on criminal charges pending against him or her in return for their
cooperation with the prosecution in this case. This witness entered into a plea
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agreement with the prosecution that provides, among other things, an agreement
that the prosecution will recommend a less severe sentence than the witness would
have faced if they had not cooperated and testified in this trial. The Court has no
power to reduce a sentence for substantial assistance unless the prosecutor handling
the case of the witness who has pleaded guilty decides to file a motion for a downward
departure. A prosecutor files such a motion if the prosecutor believes the witness
provided substantial assistance to the government. If such a motion is filed by the
prosecution, then it is up to the Court to decide whether to reduce the sentence at all,
and if so, how much to reduce it.]]
You may give the testimony of this witness such weight as you think it
deserves. Whether or not testimony of a witness may have been influenced by their
hope of receiving a reduced sentence is for you to decide. 45
45 Eighth Circuit Model Jury Instructions, Criminal, § 4.05B (Revised October 2021).
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JURY INSTRUCTION NO. 31
Testimony of Accomplice
[If appropriate]
[[GOVERNMENT’S PROPOSED INSTRUCTION: You have heard testimony
from (name of witness) who stated that [he] [she] participated in the crime charged
against the defendant. [His] [Her] testimony was received in evidence and may be
considered by you. You may give [his] [her] testimony such weight as you think it
deserves. Whether or not [his] [her] testimony may have been influenced by [his] [her]
desire to please the [government] [prosecution] or to strike a good bargain with the
[government] [prosecution] about [his] [her] own situation is for you to determine. 46]]
[[DEFENDANTS’ PROPOSED ALTERANTIVE:
An alleged accomplice is someone who claims to have participated in the
commission of the crime. Such testimony must be examined and weighed with greater
care than the testimony of a witness who does not claim to have participated in the
commission of the crime.
The witnesses who fit this description are: [Insert list of names].
You must determine whether the testimony of the alleged accomplice has been
affected by self-interest, or by an agreement made with the government, or by his or
her own interest in the outcome of this case, or by prejudice against defendants.
46 Eighth Circuit Model Jury Instructions § 4.05A.
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The fact that an alleged accomplice has entered or agreed to enter a plea of
guilty to the offense charged is not evidence of the guilt of any other person, including
defendants. The witness' guilty plea cannot be considered by you as any evidence of
this defendant's guilt. The witness' guilty plea can be considered by you only for the
purpose of determining how much, if at all, to rely upon the witness' testimony. 47]]
47 Kevin F. O’Malley, Jay E. Grenig & Hon. William C. Lee, 1A Federal Jury Practice
and Instructions § 15:04 (6th ed. 2023) (modified); see also Eighth Circuit Model Jury
Instructions § 4.05A.
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JURY INSTRUCTION NO. 32
Description of Charges; Indictment Not Evidence;
Presumption of Innocence; Burden of Proof
The indictment in this case collectively charges the defendants with thirty-two
crimes: one count of Wire Fraud Conspiracy; nine counts of Wire Fraud; one count of
Conspiracy to Commit Federal Programs Bribery; thirteen counts of Federal
Programs Bribery; one count of Conspiracy to Commit Concealment Money
Laundering; seven counts of Engaging in Monetary Transactions in Property Derived
from Unlawful Activity.
Aimee Marie Bock
The indictment in this case charges Aimee Marie Bock with seven different
crimes, namely: Wire Fraud Conspiracy in Count 1; Wire Fraud in Counts 2, 4, 5, and
12; Conspiracy to Commit Federal Programs Bribery in Count 15; and Federal
Programs Bribery in Count 40.
Salim Ahmed Said
The indictment in this case charges Salim Said with twenty-one different
crimes, namely: Wire Fraud Conspiracy in Count 1; Wire Fraud in Counts 2, 5, 8, and
12; Conspiracy to Commit Federal Programs Bribery in Count 15; Federal Programs
Bribery in Counts 16, 17, 18, 19, 32, 34, 36, 37, and 38; Conspiracy to Commit
Concealment Money Laundering in Count 41; and Engaging in Monetary
Transactions in Property Derived from Unlawful Activity in Counts 42, 44, 51, 52,
and 57.
58
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Abdulkadir Nur Salah
The indictment in this case charges Abdulkadir Nur Salah with fourteen
different crimes, namely: Wire Fraud Conspiracy in Count 1; Wire Fraud in Counts
5, 8, 13, and 14; Conspiracy to Commit Federal Programs Bribery in Count 15;
Federal Programs Bribery in Counts 20, 22, 24, and 40; Conspiracy to Commit
Concealment Money Laundering in Count 41; and Engaging in Monetary
Transactions in Property Derived from Unlawful Activity in Counts 52, 57, and 58.
Abdi Nur Salah
The indictment in this case charges Abdi Nur Salah with seven different
crimes, namely: Wire Fraud Conspiracy in Count 1; Wire Fraud in Counts 3, 4, and
6; Conspiracy to Commit Concealment Money Laundering in Count 41; and Engaging
in Monetary Transactions in Property Derived from Unlawful Activity in Counts 58
and 59.
The defendants have each pleaded not guilty to each of the crimes with which
they are charged.
The indictment is simply the document that formally charges the defendants
with the crime for which they are on trial. The indictment is not evidence. At the
beginning of the trial, I instructed you that you must presume the defendants to be
innocent. Thus, the defendants began the trial with a clean slate, with no evidence
against him.
The presumption of innocence alone is sufficient to find the defendants not
guilty. This presumption can be overcome as to each charge only if the United States
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proved during the trial, beyond a reasonable doubt, each element of a crime charged.
[[DEFENDANTS’ PROPOSED ADDITION: Keep in mind that you must give
separate consideration to the evidence about each individual defendant. Each
defendant is entitled to be treated separately, and you must return a separate verdict
for each defendant. Also keep in mind that you must consider, separately, each crime
charged against each individual defendant, and you must return a separate verdict
for each of those crimes charged. 48]]
There is no burden upon a defendant to prove that he or she is innocent.
Instead, the burden of proof remains on the United States throughout the trial. 49
[[DEFENDANTS’ PROPOSED ADDITION: The fact that a defendant did not
testify must not be considered by you in any way, or even discussed, in arriving at
your verdict.]]
48 United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545 at 13 (June
5, 2024).
49 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.08 (2023).
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JURY INSTRUCTION NO. 33
Elements of the Offense – Burden of Proof
If, for any given count charged in the Indictment, each element of that charged
offense has been proved beyond a reasonable doubt as to a defendant, then you must
find that defendant guilty of the crime changed under that count. Otherwise, you
must find that defendant not guilty of the crime charged under that count. 50
50 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.09 (2023).
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JURY INSTRUCTION NO. 34
Reasonable Doubt
Reasonable doubt is doubt based upon reason and common sense, and not
doubt based on speculation. A reasonable doubt may arise from careful and impartial
consideration of all the evidence, or from a lack of evidence. Proof beyond a reasonable
doubt is proof of such a convincing character that a reasonable person, after careful
consideration, would not hesitate to rely and act upon that proof in life’s most
important decisions. Proof beyond a reasonable doubt is proof that leaves you firmly
convinced of the defendant’s guilt. Proof beyond a reasonable doubt does not mean
proof beyond all possible doubt. 51
51 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.11 (2023).
62
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JURY INSTRUCTION NO. 35
[GOVERNMENT’S PROPOSED INSTRUCTION]
Timing of Offenses
The indictment charges that the offenses alleged in each count were committed
“in or about” or “on or about” a certain date. Although it is necessary for the
United States to prove beyond a reasonable doubt that the offense was committed on
a date reasonably near the date alleged in the indictment, it is not necessary for the
United States to prove that the offense was committed precisely on the date
charged. 52
52 O’Malley, Grenig, Lee, 1A Federal Jury Practice and Instructions § 13.05 (6th ed.
2008).
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JURY INSTRUCTION NO. 36
Wire Fraud Conspiracy
It is a crime for two or more people to agree to commit a crime. The crime of
Wire Fraud Conspiracy, as charged in Count 1 of the indictment, has four elements,
which are:
One, on or before April 2020 through in or about 2022, two or more people
reached an agreement to commit the crime of wire fraud (the elements of the crime
of wire fraud will be provided in the next instruction);
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement;
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
Element One
Element One requires that two [or more] people reached an agreement to
commit the crime of wire fraud.
Count 1 of the indictment charges conspiracy to commit wire fraud. For you to
find that the United States has proved a conspiracy, you must unanimously find that
there was an agreement to act for this purpose. [[DEFENDANTS’ PROPOSED
ADDITION: You must unanimously agree which purpose or purposes motivated the
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members of the agreement to act. If you are unable to unanimously agree on at least
one of these purposes, you cannot find the defendant guilty of conspiracy. 53]]
The agreement between two of more people to commit the crime of wire fraud
does not need to be a formal agreement or be in writing. A verbal or oral
understanding can be sufficient to establish an agreement.
It does not matter whether the crime of wire fraud was actually committed or
whether the alleged participants in agreement actually succeeded in accomplishing
their unlawful plan.
Element Two
Element Two requires that the defendant voluntarily and intentionally joined
the agreement.
If you have determined that two or more people reached an agreement to
commit wire fraud, you must next decide whether the defendant voluntarily and
intentionally joined that agreement, either at the time it was first formed or at some
later time while it was still in effect. Earlier, in deciding whether two or more people
reached an agreement to commit the crime of wire fraud, you could consider the acts
and statements of each person alleged to be part of the agreement. Now, in deciding
whether a defendant joined the agreement, you may consider only the acts and
statements of that defendant.
A person joins an agreement to commit wire fraud by voluntarily and
53 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 5.06A-2
(2023) (as modified).
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intentionally participating in the unlawful plan with the intent to further the crime
of wire fraud. It is not necessary for you to find that the defendant knew all the details
of the unlawful plan.
It is not necessary for you to find that the defendant reached an agreement
with every person you determine was a participant in the agreement.
[[DEFENDANTS’ PROPOSED ADDITIONS:
Evidence that a person was present at the scene of an event or events, or acted
in the same way as others or associated with others, does not, alone, prove that the
person joined a conspiracy. A person who has no knowledge of a conspiracy, but who
happens to act in a way that advances the purpose of the conspiracy, does not thereby
become a member. A person’s mere knowledge of the existence of a conspiracy, or
mere knowledge that an objective of a conspiracy was being considered or attempted,
or mere approval of the purpose of a conspiracy, is not enough to prove that the person
joined in a conspiracy. 54
Similarly, merely discussing common goals, mere similarity of conduct
between or among such persons, or even knowing about criminal conduct does not, of
itself, make someone a member of the conspiracy or a conspirator. 55]]
The agreement may last a long time or a short time. The members of an
agreement do not all have to join it at the same time. You may find that someone
joined the agreement even if you find that person did not know all of the details of
54 United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545 at 18-19
(June 5, 2024).
55 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
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the agreement.
A person may be a member of the agreement even if the person does not know
all of the other members of the agreement or the person agreed to play only a minor
part in the agreement.
To decide whether the defendant agreed to commit the crime of wire fraud, you
should consider the elements of that crime, which I will describe in a moment.
You may consider these elements in determining whether the defendant
agreed to commit the crime of wire fraud, keeping in mind that this count of the
indictment only charges a conspiracy to commit wire fraud and does not charge that
wire fraud was committed.
Element Three
Element Three requires that the defendant knew the purpose of the agreement
at the time the defendant joined the agreement.
A person knows the purpose of the agreement if he or she is aware of the
agreement and does not participate in it through ignorance, mistake, carelessness,
negligence, or accident. It is seldom, if ever, possible to determine directly what was
in the defendant’s mind. Thus, the defendant’s knowledge of the agreement and its
purpose can be proved like anything else, from reasonable conclusions drawn from
the evidence.
It is not enough that the defendant and other alleged participants in the
agreement to commit the crime of wire fraud simply met, discussed matters of
common interest, acted in similar ways, or perhaps helped one another. The
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defendant must have known of the existence and purpose of the agreement.
[[DEFENDANTS’ PROPOSED ADDITIONS:
The agreement must be knowingly made or knowingly entered into by at least
two people to commit the crime of wire fraud by some joint or common plan or course
of action. 56
Before the jury may find that any defendant, or any other person, became a
member of the conspiracy charged in Count 1 of the indictment, the evidence in the
case must show beyond a reasonable doubt that defendant whose case you are
considering knew the purpose or goal of the agreement or understanding and then
deliberately entered into the agreement intending, in some way, to accomplish the
goal or purpose by this common plan or joint action. 57]]
Without such knowledge, the defendant cannot be guilty of conspiracy, even if
his or her acts furthered the conspiracy.
Element Four
Element Four requires that one of the persons who joined the agreement took
some act for the purpose of carrying out or carrying forward the agreement.
The defendant does not have to personally commit an act in furtherance of the
agreement, know about it, or witness it. It makes no difference which of the
participants in the agreement did the act. This is because a conspiracy is a kind of
“partnership” so that under the law each member is an agent or partner of every other
56 2 Fed. Jury Prac. & Instr. § 31:04 (6th ed.).
57 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
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member and each member is bound by or responsible for the acts of every other
member done to further their scheme.
The act done in furtherance of the agreement does not have to be an unlawful
act. The act may be perfectly innocent in itself.
It is not necessary that the United States prove that more than one act was
done in furtherance of the agreement. It is sufficient if the United States proves one
such act; but in that event, in order to return a verdict of guilty, you must all agree
which act was done.
If all the elements for Conspiracy to Commit Wire Fraud for Count 1 have been
proved beyond a reasonable doubt, then you must find the defendant guilty of the
crime charged under that count; otherwise, you must find the defendant not guilty of
the crime charged under that count. 58
58 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1343.
5.06A-1, 5.06A-2 (2023).
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JURY INSTRUCTION NO. 37
[[DEFENDANTS’ PROPOSED INSTRUCTION:
Single Conspiracy
The indictment charges the defendants were members of one single conspiracy
to commit the crime of wire fraud.
One of the issues you must decide is whether there were really two (or more)
separate conspiracies with different purposes and scopes. The United States must
convince you beyond a reasonable doubt that each defendant was a member of the
conspiracy to commit the crime of wire fraud to the scope alleged in the indictment.
If the United States fails to prove this as to a defendant, then you must find that
defendant not guilty of the conspiracy charge, even if you find that he or she was a
member of some other conspiracy. Proof that the defendant was a member of some
conspiracy other than the one alleged in the indictment is not enough to convict. 59]]
59 Eighth Circuit Model Jury Instructions, Criminal, § 5.06B (Revised October 2021)
(modified); United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545
(June 5, 2024).
70
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JURY INSTRUCTION NO. 38
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Acts and Statements
If you determine that an agreement existed and the defendant joined the
agreement, then acts and statements knowingly done or made by a member of the
agreement during the existence of the agreement and in furtherance of it may be
considered by you as evidence pertaining to the defendant, even though the acts and
statements were done or made in the absence of and without the knowledge of the
defendant. This includes acts done or statements made before the defendant joined
the agreement, because a person who knowingly, voluntarily, and intentionally joins
an existing conspiracy becomes responsible for all of the conduct of the co-conspirators
from the beginning of the conspiracy. 60]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 61
Acts and Declarations of Co-Conspirators
Evidence has been received in this case that certain persons, who are alleged
in Count ___ of the indictment to be co-conspirators of Defendant ___, have done or
60 Eighth Circuit Model Jury Instructions, Criminal, § 5.06D (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
61 Defendants reserve the right to object to any version of this instruction being given
based on the evidence adduced at trial. If the Court elects to give such an instruction,
Defendants propose this version instead of the government’s proposed Jury
Instruction No. 37.
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said things during the existence or life of the alleged conspiracy in order to further or
advance its goal[s].
Such acts and statements of these other individuals may be considered by you
in determining whether or not the government has proven the charges in Count ___
of the indictment against Defendant ___.
Since these acts may have been performed and these statements may have
been made outside the presence of Defendant ___ and even done or said without the
defendant’s knowledge, these acts or statements should be examined with particular
care by you before considering them against the defendant who did not do the
particular act or make the particular statement. 62]]
62 2 Fed. Jury Prac. & Instr. § 31:06 (6th ed.).
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JURY INSTRUCTION NO. 39
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Aimee Marie Bock guilty of conspiring to commit the crime of wire
fraud, you must then consider whether Aimee Marie Bock also committed the crime
of wire fraud as charged in one or more of counts 2, 4, 5, or 12.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Aimee Marie Bock committed the crime of wire fraud:
One, some other defendant committed the crime of wire fraud, as set forth in
Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the wire
fraud was committed;
Three, that same defendant committed the crime of wire fraud in furtherance
of the conspiracy;
Four, the wire fraud was within the scope of the conspiracy, or was reasonably
foreseeable as a necessary, or natural consequence of the conspiracy; and
Five, Aimee Marie Bock was also a member of the conspiracy at the time the
wire fraud was committed. 63]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 64
Responsibility For Substantive Offense
63 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
64 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 38.
73
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 65]]
65 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
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JURY INSTRUCTION NO. 40
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Salim Ahmed Said guilty of conspiring to commit the crime of wire
fraud, you must then consider whether Salim Ahmed Said also committed the crime
of wire fraud as charged in one or more of counts 2, 5, 8, or 12.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Salim Ahmed Said committed the crime of wire fraud:
One, some other defendant committed the crime of wire fraud, as set forth in
Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the wire
fraud was committed;
Three, that same defendant committed the crime of wire fraud in furtherance
of the conspiracy;
Four, the wire fraud was within the scope of the conspiracy, or was reasonably
foreseeable as a necessary, or natural consequence of the conspiracy; and
Five, Salim Ahmed Said was also a member of the conspiracy at the time the
wire fraud was committed. 66]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 67
Responsibility For Substantive Offense
66 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
67 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 39.
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 68]]
68 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
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JURY INSTRUCTION NO. 41
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Abdulkadir Nur Salah guilty of conspiring to commit the crime of
wire fraud, you must then consider whether Abdulkadir Nur Salah also committed
the crime of wire fraud as charged in one or more of counts 5, 8, 13, or 14.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Abdulkadir Nur Salah committed the crime of wire fraud:
One, some other defendant committed the crime of wire fraud, as set forth in
Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the wire
fraud was committed;
Three, that same defendant committed the crime of wire fraud in furtherance
of the conspiracy;
Four, the wire fraud was within the scope of the conspiracy, or was reasonably
foreseeable as a necessary, or natural consequence of the conspiracy; and
Five, Abdulkadir Nur Salah was also a member of the conspiracy at the time
the wire fraud was committed. 69]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 70
Responsibility For Substantive Offense
69 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
70 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 40.
77
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 71]]
71 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
78
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JURY INSTRUCTION NO. 42
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Abdi Nur Salah guilty of conspiring to commit the crime of wire
fraud, you must then consider whether Abdi Nur Salah also committed the crime of
wire fraud as charged in one or more of counts 3, 4, or 6.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Abdi Nur Salah committed the crime of wire fraud:
One, some other defendant committed the crime of wire fraud, as set forth in
Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the wire
fraud was committed;
Three, that same defendant committed the crime of wire fraud in furtherance
of the conspiracy;
Four, the wire fraud was within the scope of the conspiracy, or was reasonably
foreseeable as a necessary, or natural consequence of the conspiracy; and
Five, Abdi Nur Salah was also a member of the conspiracy at the time the wire
fraud was committed. 72]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 73
Responsibility For Substantive Offense
72 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
73 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 41.
79
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 74]]
74 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
80
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JURY INSTRUCTION NO. 43
Wire Fraud
The crime of Wire Fraud, as charged in Counts 2-6, 8, and 12-14 of the
indictment, has three elements, which are:
One, the defendant voluntarily and intentionally devised or made up a scheme
to defraud, or participated in a scheme to defraud with knowledge of the scheme’s
fraudulent nature, another out of money or property by means of material false
representations or promises;
Two, the defendant acted with the intent to defraud; and
Three, the defendant used, or caused to be used, an interstate wire
communication, that is, an e-mail or a wire transfer of funds, in furtherance of, or in
an attempt to carry out, some essential step in the scheme.
The phrase “scheme to defraud” includes any plan or course of action intended
to deceive or cheat another out of money or property by employing material
falsehoods, concealing material facts, or omitting material facts. It also means the
obtaining of money or property from another by means of material false
representations or promises. A scheme to defraud need not be fraudulent on its face
but must include some sort of fraudulent misrepresentation or promise reasonably
calculated to deceive a reasonable person.
[[DEFENDANTS’ PROPOSED ADDITION: The United States must prove that
the object of the scheme to defraud was to deprive a person or entity out of money
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that the person or entity would not have paid but for the scheme to defraud. 75 The
United States cannot prove that a defendant committed the crime of wire fraud by
proving only that a defendant provided false or incomplete information that, if
accurate, would have allowed the person or entity to make different decisions about
who to pay money to, whether to process or approve a particular business transaction,
or to evaluate decisions about the economic risks of making a business decision or
transaction. 76 If a person or entity received the full benefit they expected to receive
by paying the money at issue and would have paid out the money at issue even if the
scheme to defraud had not occurred, you cannot find the defendant guilty of the crime
75 Ciminelli v. United States, 598 U.S. 306, 312 (2023) (“The Government must prove
not only that wire fraud defendants ‘engaged in deception,’ but also that money or
property was ‘an object of their fraud.’”) (internal citations omitted).
76 Id. at 315. (“…if ‘the right to make informed decisions about the disposition of one’s
assets, without more, were treated as the sort of ‘property’ giving rise to wire fraud,
it would risk expanding the federal fraud statutes beyond property fraud as defined
at common law and as Congress would have understood it.’ Thus, even the
Government now agrees that the Second Circuit's right-to-control theory is unmoored
from the federal fraud statutes’ text.”) (internal citations omitted). Compare United
States v. Lebedev, 932 F.3d 40, 48 (2d Cir. 2019), abrogated by Ciminelli, 598 U.S. 306
(describing the now-invalidated right to control theory as the “withholding or
inaccurate reporting of information that could impact on economic decisions,” and as
disguising information to make it more likely that an entity (there a bank) would be
more likely to process or approve transactions.); United States v. Ruzicka, 988 F.3d
997, 1009 (8th Cir. 2021) (before Ciminelli, rejecting the defendant’s argument that
he could not be convicted of wire fraud under a “right to control” theory where the
alleged victim allegedly received “the full economic benefit of his bargain”; reasoning
that Eighth Circuit law was unclear on whether a right-to-control theory is valid and
whether wire fraud can be proved where an alleged victim “would have contracted
the same services” despite a scheme to defraud.) (internal citation omitted); United
States v. Shyres, 898 F.2d 647, 653 (8th Cir. 1990) (in a now likely overruled decision,
the Eighth Circuit both adopted the now invalidated right-to-control theory but
suggested it was nevertheless relevant whether the government could prove that the
alleged victim would not have engaged in the transaction anyway, without regard to
the scheme to defraud.)
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of wire fraud, even if you find that the defendant deceived the person or entity by
supplying false or incomplete information to them.]]
A statement or representation is “false” when it is untrue when made or
effectively conceals or omits a material fact.
A fact, falsehood, representation, or promise is “material” if it has a natural
tendency to influence, or is capable of influencing, the decision of a reasonable person
in deciding whether to engage or not to engage in a particular transaction. However,
whether a fact, falsehood, representation, or promise is “material” does not depend
on whether the person was actually deceived.
To act with “intent to defraud” means to act knowingly and with the intent to
deceive someone for the purpose of causing some financial loss to another or bringing
about some financial gain to oneself or another to the detriment of a third party. With
respect to false statements, the defendant must have known the statement was
untrue when made or have made the statement with reckless indifference to its truth
or falsity.
[[DEFENDANTS’ PROPOSED ADDITION: Proof of fraudulent intent requires
more than proof that a defendant was not completely honest, made a mistake in
judgment or management, or was careless, or even reckless. Good faith is inconsistent
with a finding that a defendant acted knowingly.]]
An Ainterstate wire communication@ is a wire communication that crosses a
state line. A “wire communication” includes telephone calls, electronic signals sent by
wire (such as a fax or a financial wire), the use of the Internet to send a message (such
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as an e-mail), and communicating with a website via the Internet.
It is not necessary that the defendant himself contemplate the use of an
interstate wire communication or that the defendant send or receive the actual
interstate wire communication or specifically intend that an interstate wire
communication be used. It is sufficient if an interstate wire communication was in
fact used to carry out the scheme and the use of an interstate wire communication by
someone was reasonably foreseeable.
The wire fraud counts of the Indictment charge that each defendant, along with
the other defendants, devised, or participated in a scheme. The Government need not
prove, however, that the defendants met together to formulate the scheme charged,
or that there was a formal agreement among them, in order for them to be held jointly
responsible for the operation of the scheme and the use of a wire transfer or email
transmission for the purpose of accomplishing the scheme. It is sufficient if only one
person conceives the scheme and the others knowingly, voluntarily and intentionally
join in and participate in some way in the operation of the scheme in order for such
others to be held jointly responsible.
It is not necessary that the Government prove all the details alleged in the
Indictment concerning the precise nature and purpose of the scheme, that any
interstate wire communication was itself false or fraudulent, that the alleged scheme
actually succeeded in defrauding anyone, or that the use of the interstate wire
communication was intended as the specific or exclusive means of accomplishing the
alleged fraud.
84
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It is not necessary that the Government prove that any interstate wire
communication was an essential part of the scheme. A wire communication may be
routine or sent for a legitimate purpose so long as it assists in carrying out the fraud.
If all the elements for Wire Fraud for Counts 2-6, 8, and 12-14 have been
proved beyond a reasonable doubt for the count you are considering, then you must
find the defendant guilty of the crime charged under that count; otherwise, you must
find the defendant not guilty of the crime charged under that count. 77
77 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1343 (as modified), 6.18.1956J (2023); 18 U.S.C. § 1343.
85
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JURY INSTRUCTION NO. 44
Conspiracy to Commit Federal Programs Bribery
The crime of Conspiracy to Commit Federal Programs Bribery, as charged in
Count 15 of the indictment, has four elements, which are:
One, two or more people reached an agreement to commit the crime of federal
programs bribery;
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement; and
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
Element One
Element One requires that two [or more] people reached an agreement to
commit the crime of federal programs bribery.
Count 15 of the indictment charges conspiracy to commit federal programs
bribery. For you to find that the government has proved a conspiracy, you must
unanimously find that there was an agreement to act for this purpose.
[[DEFENDANTS’ PROPOSED ADDITION: You must unanimously agree
which purpose or purposes motivated the members of the agreement to act. If you
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are unable to unanimously agree on at least one of these purposes, you cannot find
the defendant guilty of conspiracy. 78]]
The agreement between two of more people to commit the crime of federal
programs bribery does not need to be a formal agreement or be in writing. A verbal
or oral understanding can be sufficient to establish an agreement.
It does not matter whether the crime of federal programs bribery was actually
committed or whether the alleged participants in agreement actually succeeded in
accomplishing their unlawful plan.
Element Two
Element Two requires that the defendant voluntarily and intentionally joined
the agreement.
If you have determined that two or more people reached an agreement to
commit federal programs bribery, you must next decide whether the defendant
voluntarily and intentionally joined that agreement, either at the time it was first
formed or at some later time while it was still in effect. Earlier, in deciding whether
two or more people reached an agreement to commit the crime of federal programs
bribery, you could consider the acts and statements of each person alleged to be part
of the agreement. Now, in deciding whether a defendant joined the agreement, you
may consider only the acts and statements of that defendant.
A person joins an agreement to commit federal programs bribery by voluntarily
and intentionally participating in the unlawful plan with the intent to further the
78 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 5.06A-2 (2023)
87
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crime of federal programs bribery. It is not necessary for you to find that the
defendant knew all the details of the unlawful plan.
It is not necessary for you to find that the defendant reached an agreement
with every person you determine was a participant in the agreement.
[[DEFENDANTS’ PROPOSED ADDITION:
Evidence that a person was present at the scene of an event or events, or acted
in the same way as others or associated with others, does not, alone, prove that the
person joined a conspiracy. A person who has no knowledge of a conspiracy, but who
happens to act in a way that advances the purpose of the conspiracy, does not thereby
become a member. A person’s mere knowledge of the existence of a conspiracy, or
mere knowledge that an objective of a conspiracy was being considered or attempted,
or mere approval of the purpose of a conspiracy, is not enough to prove that the person
joined in a conspiracy. 79 Similarly, merely discussing common goals, mere similarity
of conduct between or among such persons, or even knowing about criminal conduct
does not, of itself, make someone a member of the conspiracy or a conspirator. 80]]
The agreement may last a long time or a short time. The members of an
agreement do not all have to join it at the same time. You may find that someone
joined the agreement even if you find that person did not know all of the details of
the agreement.
79 United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545 at 26-27
(June 5, 2024).
80 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
88
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A person may be a member of the agreement even if the person does not know
all of the other members of the agreement or the person agreed to play only a minor
part in the agreement.
To decide whether the defendant agreed to commit the crime of federal
programs bribery, you should consider the elements of that crime, which I will
describe in a moment.
You may consider these elements in determining whether the defendant
agreed to commit the crime of federal programs bribery, keeping in mind that this
count of the indictment only charges a conspiracy to commit federal programs bribery
and does not charge that federal programs bribery was committed.
Element Three
Element Three requires that the defendant knew the purpose of the agreement
at the time the defendant joined the agreement.
A person knows the purpose of the agreement if he or she is aware of the
agreement and does not participate in it through ignorance, mistake, carelessness,
negligence, or accident. It is seldom, if ever, possible to determine directly what was
in the defendant’s mind. Thus, the defendant’s knowledge of the agreement and its
purpose can be proved like anything else, from reasonable conclusions drawn from
the evidence.
It is not enough that the defendant and other alleged participants in the
agreement to commit the crime of federal programs bribery simply met, discussed
matters of common interest, acted in similar ways, or perhaps helped one another.
89
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The defendant must have known of the existence and purpose of the agreement.
[[DEFENDANTS’ PROPOSED ADDITION:
The agreement must be knowingly made or knowingly entered into by at least
two people to commit the crime of wire fraud by some joint or common plan or course
of action. 81 Before the jury may find that any defendant, or any other person, became
a member of the conspiracy charged in Count 1 of the indictment, the evidence in the
case must show beyond a reasonable doubt that defendant whose case you are
considering knew the purpose or goal of the agreement or understanding and then
deliberately entered into the agreement intending, in some way, to accomplish the
goal or purpose by this common plan or joint action. 82]]
Without such knowledge, the defendant cannot be guilty of conspiracy, even if
his or her acts furthered the conspiracy.
Element Four
Element Four requires that one of the persons who joined the agreement took
some act for the purpose of carrying out or carrying forward the agreement.
The defendant does not have to personally commit an act in furtherance of the
agreement, know about it, or witness it. It makes no difference which of the
participants in the agreement did the act. This is because a conspiracy is a kind of
“partnership” so that under the law each member is an agent or partner of every other
81 2 Fed. Jury Prac. & Instr. § 31:04 (6th ed.).
82 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
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member and each member is bound by or responsible for the acts of every other
member done to further their scheme.
The act done in furtherance of the agreement does not have to be an unlawful
act. The act may be perfectly innocent in itself.
It is not necessary that the Government prove that more than one act was done
in furtherance of the agreement. It is sufficient if the Government proves one such
act; but in that event, in order to return a verdict of guilty, you must all agree which
act was done.
If all the elements for Conspiracy to Commit Federal Programs Bribery for
Count 15 have been proved beyond a reasonable doubt, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count. 83
83 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C, 5.06A-1 (2023).
91
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JURY INSTRUCTION NO. 45
[[DEFENDANTS’ PROPOSED INSTRUCTION:
Single Conspiracy 84
The indictment charges the defendants were members of one single conspiracy
to commit the crime of federal programs bribery.
One of the issues you must decide is whether there were really two (or more)
separate conspiracies with different purposes and scopes. The prosecution must
convince you beyond a reasonable doubt that each defendant was a member of the
conspiracy to commit the crime of federal programs bribery to the scope alleged in the
indictment. If the prosecution fails to prove this as to a defendant, then you must find
that defendant not guilty of the conspiracy charge. Proof that the defendant was a
member of some conspiracy other than the one alleged in the indictment is not enough
to convict.]]
84 Eighth Circuit Model Jury Instructions, Criminal, § 5.06B (Revised October 2021)
(modified).
92
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JURY INSTRUCTION NO. 46
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Acts and Statements
If you determine that an agreement existed and the defendant joined the
agreement, then acts and statements knowingly done or made by a member of the
agreement during the existence of the agreement and in furtherance of it may be
considered by you as evidence pertaining to the defendant, even though the acts and
statements were done or made in the absence of and without the knowledge of the
defendant. This includes acts done or statements made before the defendant joined
the agreement, because a person who knowingly, voluntarily, and intentionally joins
an existing conspiracy becomes responsible for all of the conduct of the co-conspirators
from the beginning of the conspiracy. 85]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 86
Acts and Declarations of Co-Conspirators
Evidence has been received in this case that certain persons, who are alleged
in Count ___ of the indictment to be co-conspirators of Defendant ___, have done or
85 Eighth Circuit Model Jury Instructions, Criminal, § 5.06D (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
86 Defendants reserve the right to object to any version of this instruction being given
based on the evidence adduced at trial. If the Court elects to give such an instruction,
Defendants propose this version instead of the government’s proposed Jury
Instruction No. 45.
93
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said things during the existence or life of the alleged conspiracy in order to further or
advance its goal[s].
Such acts and statements of these other individuals may be considered by you
in determining whether or not the government has proven the charges in Count ___
of the indictment against Defendant ___.
Since these acts may have been performed and these statements may have
been made outside the presence of Defendant ___ and even done or said without the
defendant’s knowledge, these acts or statements should be examined with particular
care by you before considering them against the defendant who did not do the
particular act or make the particular statement. 87]]
87 2 Fed. Jury Prac. & Instr. § 31:06 (6th ed.).
94
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JURY INSTRUCTION NO. 47
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Aimee Marie Bock guilty of conspiring to commit the crime of federal
program bribery, you must then consider whether Aimee Marie Bock also committed
the crime of federal program bribery.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Aimee Marie Bock committed the crime of federal program bribery:
One, some other defendant committed the crime of federal program bribery, as
set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
federal program bribery was committed;
Three, that same defendant committed the crime of federal program bribery in
furtherance of the conspiracy;
Four, the federal program bribery was within the scope of the conspiracy, or
was reasonably foreseeable as a necessary, or natural consequence of the conspiracy;
and
Five, Aimee Marie Bock was also a member of the conspiracy at the time the
federal program bribery was committed. 88]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 89
Responsibility for Substantive Offense
88 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified).
89 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 46.
95
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 90]]
90 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
96
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JURY INSTRUCTION NO. 48
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Salim Said guilty of conspiring to commit the crime of federal
program bribery, you must then consider whether Salim Said also committed the
crime of federal program bribery.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Salim Said committed the crime of federal program bribery:
One, some other defendant committed the crime of federal program bribery, as
set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
federal program bribery committed;
Three, that same defendant committed the crime of federal program bribery in
furtherance of the conspiracy;
Four, the federal program bribery was within the scope of the conspiracy, or
was reasonably foreseeable as a necessary, or natural consequence of the conspiracy;
and
Five, Salim Said was also a member of the conspiracy at the time the federal
program bribery was committed. 91]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 92
Responsibility for Substantive Offense
91 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified).
92 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 47.
97
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 93]]
93 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
98
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JURY INSTRUCTION NO. 49
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Abdulkadir Nur Salah guilty of conspiring to commit the crime of
federal program bribery d, you must then consider whether Abdulkadir Nur Salah
also committed the crime of federal program bribery.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Abdulkadir Nur Salah committed the crime of federal program
bribery:
One, some other defendant committed the crime of federal program bribery, as
set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
federal program bribery was committed;
Three, that same defendant committed the crime of federal program bribery in
furtherance of the conspiracy;
Four, the federal program bribery was within the scope of the conspiracy, or
was reasonably foreseeable as a necessary, or natural consequence of the conspiracy;
and
Five, Abdulkadir Nur Salah was also a member of the conspiracy at the time
the federal program bribery was committed. 94]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 95
Responsibility for Substantive Offense
94 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified).
95 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 48.
99
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A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 96]]
96 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
100
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JURY INSTRUCTION NO. 50
[[FOR THE BRIBERY COUNTS, THE GOVERNMENT PROPOSES
INSTRUCTIONS 50 THROUGH 63. THE DEFENSE ALTERNATIVELY
PROPOSES INSTRUCTIONS 64 THROUGH 66.]]
[[Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 16 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $1,500 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about July 28, 2020, pursuant to the Federal Child Nutrition
Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
101
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with the Federal Child Nutrition Program.
As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 16 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 97
97 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
102
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JURY INSTRUCTION NO. 51
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 17 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $2,500 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program.
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about August 20, 2020, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
103
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 17 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 98
98 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
104
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JURY INSTRUCTION NO. 52
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 18 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $5,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about September 15, 2020, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
105
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 18 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 99
99 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
106
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JURY INSTRUCTION NO. 53
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 19 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $5,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about November 25, 2020, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
107
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 19 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 100
100Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
108
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JURY INSTRUCTION NO. 54
Federal Programs Bribery
(Abdulkadir Salah)
The crime of Federal Programs Bribery, as charged in Count 20 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Abdulkadir Salah corruptly gave, offered, or agreed to give about $5,000
to Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Abdulkadir Salah and/or
his co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about November 28, 2020, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
109
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As used in this instruction, the term “corruptly” means that Abdulkadir Salah
acted voluntarily and intentionally and, at least in part, to influence or induce
Abdikerm Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our
Future to sponsor Abdulkadir Salah and/or his co-conspirators’ fraudulent
participation in the Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 20 have been proved
beyond a reasonable doubt, then you must find Abdulkadir Salah guilty of the crime
charged under that count; otherwise, you must find Abdulkadir Salah not guilty of
the crime charged under that count. 101
101Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
110
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JURY INSTRUCTION NO. 55
Federal Programs Bribery
(Abdulkadir Salah)
The crime of Federal Programs Bribery, as charged in Count 22 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Abdulkadir Salah corruptly gave, offered, or agreed to give about $7,000
to Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Abdulkadir Salah and/or
his co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or transaction involved something of value of $5,000 or
more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about January 8, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
111
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As used in this instruction, the term “corruptly” means that Abdulkadir Salah
acted voluntarily and intentionally and, at least in part, to influence or induce
Abdikerm Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our
Future to sponsor Abdulkadir Salah and his co-conspirators’ fraudulent participation
in the Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 22 have been proved
beyond a reasonable doubt, then you must find Abdulkadir Salah guilty of the crime
charged under that count; otherwise, you must find Abdulkadir Salah not guilty of
the crime charged under that count. 102
102Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
112
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JURY INSTRUCTION NO. 56
Federal Programs Bribery
(Abdulkadir Salah)
The crime of Federal Programs Bribery, as charged in Count 24 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Abdulkadir Salah corruptly gave, offered, or agreed to give about $7,000
to Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Abdulkadir Salah and/or
his co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about January 18, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
113
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As used in this instruction, the term “corruptly” means that Abdulkadir Salah
acted voluntarily and intentionally and, at least in part, to influence or induce
Abdikerm Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our
Future to sponsor Abdulkadir Salah and/or his co-conspirators’ fraudulent
participation in the Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 24 have been proved
beyond a reasonable doubt, then you must find Abdulkadir Salah guilty of the crime
charged under that count; otherwise, you must find Abdulkadir Salah not guilty of
the crime charged under that count. 103
103Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
114
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JURY INSTRUCTION NO. 57
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 32 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $14,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about February 25, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
115
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce
Abdikerm Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our
Future to sponsor Salim Said and/or his co-conspirators’ fraudulent participation in
the Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 32 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 104
104Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
116
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JURY INSTRUCTION NO. 58
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 34 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $14,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about March 9, 2021, pursuant to the Federal Child Nutrition
Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
117
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 34 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 105
105Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
118
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JURY INSTRUCTION NO. 59
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 36 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $7,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about March 23, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
119
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 36 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 106
106Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
120
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JURY INSTRUCTION NO. 60
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 37 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $7,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about March 25, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
121
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 37 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 107
107Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
122
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JURY INSTRUCTION NO. 61
Federal Programs Bribery
(Salim Said)
The crime of Federal Programs Bribery, as charged in Count 38 of the
indictment, has five elements, which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, Salim Said corruptly gave, offered, or agreed to give about $14,000 to
Abdikerm Eidleh in connection with Feeding Our Future sponsoring his and/or his
co-conspirators’ fraudulent participation in the Federal Child Nutrition Program; .
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Abdikerm Eidleh with respect to that future
official act, meaning sponsoring or continuing to sponsor Salim Said and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about May 27, 2021, pursuant to the Federal Child Nutrition
Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
123
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As used in this instruction, the term “corruptly” means that Salim Said acted
voluntarily and intentionally and, at least in part, to influence or induce Abdikerm
Eidleh to cause, or reward Abdikerm Eidleh for causing, Feeding Our Future to
sponsor Salim Said and/or his co-conspirators’ fraudulent participation in the
Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 38 have been proved
beyond a reasonable doubt, then you must find Salim Said guilty of the crime charged
under that count; otherwise, you must find Salim Said not guilty of the crime charged
under that count. 108
108Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
124
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JURY INSTRUCTION NO. 62
Federal Programs Bribery
(Abdulkadir Salah)
The crime of Federal Programs Bribery, as charged in Count 40 of the
indictment, has five elements, which are:
One, Aimee Bock was an agent of Feeding Our Future;
Two, Abdulkadir Salah corruptly gave, offered, or agreed to give about
$310,000 to Aimee Bock in connection with Feeding Our Future sponsoring his
and/or his co-conspirators’ fraudulent participation in the Federal Child Nutrition
Program;
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Aimee Bock with respect to that future official
act, meaning sponsoring or continuing to sponsor Abdulkadir Salah and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or series of transactions involved something of value of
$5,000 or more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about August 13, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
125
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As used in this instruction, the term “corruptly” means that Abdulkadir Salah
acted voluntarily and intentionally and, at least in part, to influence or induce Aimee
Bock to cause, or reward Aimee Bock for causing, Feeding Our Future to sponsor
Abdulkadir Salah and/or his co-conspirators’ fraudulent participation in the Federal
Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 40 have been proved
beyond a reasonable doubt, then you must find Abdulkadir Salah guilty of the crime
charged under that count; otherwise, you must find Abdulkadir Salah not guilty of
the crime charged under that count. 109
109Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
126
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JURY INSTRUCTION NO. 63
Federal Programs Bribery
(Aimee Bock)
The crime of Federal Programs Bribery, as charged in Count 40 of the
indictment, has five elements, which are:
One, Aimee Bock was an agent of Feeding Our Future;
Two, Aimee Bock corruptly solicited, demanded, accepted, or agreed to accept
from Abdulkadir Salah, something of value, that is, about $310,000, in connection
with Feeding Our Future sponsoring Abdulkadir and/or his co-conspirator’s
fraudulent participation in the Federal Child Nutrition Program.
Three, the payment, or the agreement to make the payment, occurred before
an official act in order to influence Aimee Bock with respect to that future official
act, meaning sponsoring or continuing to sponsor Abdulkadir Salah and/or his co-
conspirators’ fraudulent participation in the Federal Child Nutrition Program;
Four, the transaction or transactions involved something of value of $5,000 or
more; and
Five, Feeding Our Future received benefits in excess of $10,000 in the one-year
period beginning on or about August 13, 2021, pursuant to the Federal Child
Nutrition Program.
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of administrating funds in connection
with the Federal Child Nutrition Program.
127
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As used in this instruction, the term “corruptly” means that Aimee Bock acted
voluntarily and intentionally and, at least in part, in return for being influenced or
induced to cause, or in return for being rewarding for causing, Feeding Our Future
to sponsor Abdulkadir Salah and/or his co-conspirators’ fraudulent participation in
the Federal Child Nutrition Program.
If all the elements for Federal Program Bribery for Count 40 have been proved
beyond a reasonable doubt, then you must find Aimee Bock guilty of the crime
charged under that count; otherwise, you must find Aimee Bock not guilty of the
crime charged under that count. 110]]
110Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023); Snyder v. United States, 603 U.S. 1 (2024).
128
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JURY INSTRUCTION NO. 64
[[FOR THE BRIBERY COUNTS, THE GOVERNMENT PROPOSES
INSTRUCTIONS 50 THROUGH 63. THE DEFENSE ALTERNATIVELY
PROPOSES INSTRUCTIONS 64 THROUGH 66.]]
[[Federal Programs Bribery 111
(Salim Said and Abdulkadir Salah)
Salim Said is charged in Counts 16, 17, 18, 19, 32, 34, 36, 37, and 38 with the
crime of Federal Programs Bribery on or about the dates listed on the verdict form.
Abdulkadir Salah is charged in Counts 20, 22, and 24 with the crime of Federal
Programs Bribery on or about the dates listed on the verdict form. The crime of
Federal Programs Bribery, as charged in each of these counts has four elements,
which are:
One, Abdikerm Eidleh was an agent of Feeding Our Future;
Two, before Eidleh engaged in a transaction to sponsor the defendant’s
participation in the Federal Child Nutrition Program, Eidleh and the defendant
whose case you are considering corruptly reached an agreement under which the
defendant corruptly gave or agreed to give money or something of value to Eidleh in
connection with that sponsorship;
Three, Feeding our Future’s sponsorship of the defendant’s participation in the
Federal Child Nutrition Program involved something of value of $5,000 or more; and
111Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023) (modified).
129
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Four, Feeding Our Future received benefits in excess of $10,000 pursuant to
the Federal Child Nutrition Program in the one-year period beginning no earlier than
twelve months before the commission of the offense or that ends no later than twelve
months after the commission of the offense. 112
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of sponsoring food distribution sites in
connection with the Federal Child Nutrition Program.
As used in this instruction, the term “corruptly” means that the defendant
acted voluntarily and intentionally to influence or induce Abdikerm Eidleh to cause
Feeding Our Future to sponsor the defendant’s participation in the Federal Child
Nutrition Program.
The United States cannot prove a defendant guilty of Federal Program Bribery
by establishing that the defendant corruptly gave, offered, or agreed to give money of
something of value to Eidleh after Eidleh engaged in any traction to sponsor the
defendant’s participation in the Federal child Nutrition Program. If you find that the
United States has only prove that such a corrupt offer, agreement, or payment
occurred after Eidleh engaged in a transaction sponsoring the defendant’s
participation in the Federal Child Nutrition Prgor4am, you must find the defendant
whose case you are considering not guilty of the count you are considering. 113
112 18 U.S.C. § 666(d)(5).
113 Snyder v. United States, 603 U.S. 1 (2024).
130
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If all the elements for Federal Program Bribery for the Count you are
considering have been proved beyond a reasonable doubt, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count.
131
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JURY INSTRUCTION NO. 65
Federal Programs Bribery 114
(Abdulkadir Salah)
Abdulkadir Salah is charged in Count 40 with the crime of Federal Programs
Bribery on or about the dates listed on the verdict form. The crime of Federal
Programs Bribery, as charged in each of these counts has four elements, which are:
One, Aimee Marie Bock was an agent of Feeding Our Future;
Two, before Bock engaged in a transaction to sponsor the defendant’s
participation in the Federal Child Nutrition Program, Bock and Defendant
Abdulkadir Salah corruptly reached an agreement under which Abdulkadir Salah
corruptly gave or agreed to give money or something of value to Bock in connection
with that sponsorship;
Three, the transaction involved something of value of $5,000 or more; and
Four, Feeding Our Future received benefits in excess of $10,000 pursuant to
the Federal Child Nutrition Program in the one-year period beginning no earlier than
twelve months before the commission of the offense or that ends no later than twelve
months after the commission of the offense. 115
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of sponsoring food distribution sites in
connection with the Federal Child Nutrition Program.
114 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.666C (2023) (as modified).
115 18 U.S.C. § 666(d)(5).
132
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As used in this instruction, the term “corruptly” means that the defendant
acted voluntarily and intentionally to influence or induce Aimee Marie Bock to cause
Feeding Our Future to sponsor the defendant’s participation in the Federal Child
Nutrition Program.
The United States cannot prove a defendant guilty of Federal Program Bribery
by establishing that the defendant gave or agreed to give money or something of value
to Bock after Bock engaged in any transaction to sponsor the defendant’s
participation in the Federal Child Nutrition Program. If you find that the United
States has only proved that such an offer, agreement, or payment occurred after a
transaction sponsoring the defendant’s participation in the Federal Child Nutrition
Program, you must find the defendant not guilty of the count you are considering. 116
If all the elements for Federal Program Bribery for the Count you are
considering been proved beyond a reasonable doubt, then you must find the defendant
guilty of the crime charged under that count; otherwise, you must find the defendant
not guilty of the crime charged under that count.
116 Snyder v. United States, 603 U.S. 1 (2024).
133
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JURY INSTRUCTION NO. 66
Federal Programs Bribery (Soliciting, Demanding, Accepting, Agreeing to Accept)
(Aimee Marie Bock)
Aimee Marie Bock is charged in Count 40 with the crime of Federal Programs
Bribery on or about the dates listed on the verdict form. The crime of Federal
Programs Bribery, as charged in Count 40 has four elements, which are:
One, Aimee Marie Bock was an agent of Feeding Our Future;
Two, before Bock engaged in a transaction to sponsor Defendant Abdulkadir
Nur Salah’s participation in the Federal Child Nutrition Program, Bock and
Defendant Abdulkadir Salah corruptly reached an agreement under which Bock
corruptly accepted or agreed to accept something of value from Salah in connection
with that sponsorship;
Three, the transaction involved something of value of $5,000 or more; and
Four, Feeding Our Future received benefits in excess of $10,000 pursuant to
the Federal Child Nutrition Program in the one-year period beginning no earlier than
twelve months before the commission of the offense or that ends no later than twelve
months after the commission of the offense. 117
As used in this instruction, the term “agent” means a person authorized to act
on behalf of Feeding Our Future for purposes of sponsoring food distribution sites in
connection with the Federal Child Nutrition Program.
117 18 U.S.C. § 666(d)(5).
134
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As used in this instruction, the term “corruptly” means that the defendant
acted voluntarily and intentionally to influence or induce Aimee Marie Bock to cause
Feeding Our Future to sponsor the defendant’s participation in the Federal Child
Nutrition Program.
The United States cannot prove Defendant Bock guilty of Federal Program
Bribery by establishing that Defendant Bock accepted or agreed to accept money or
something of value from Defendant Salah after engaging in any transaction to
sponsor Defendant Salah’s participation in the Federal Child Nutrition Program. If
you find that the United States has only proved that such an agreement or payment
occurred after a transaction sponsoring Defendant Salah’s participation in the
Federal Child Nutrition Program, you must find Defendant Bock not guilty of the
count you are considering. 118
If all the elements for Federal Program Bribery for the Count you are
considering been proved beyond a reasonable doubt, then you must find the defendant
guilty of the crime charged under that count; otherwise, you must find the defendant
not guilty of the crime charged under that count.]]
118 Snyder v. United States, 603 U.S. 1 (2024).
135
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JURY INSTRUCTION NO. 67
Conspiracy to Commit Concealment Money Laundering
The crime of Conspiracy to Commit Concealment Money Laundering, as
charged in Count 41 of the indictment, has four elements:
One, two or more people reached an agreement to commit the crime of
concealment money laundering;
Two, the defendant voluntarily and intentionally joined in the agreement,
either at the time it was first reached or at some later time it was still in effect;
Three, at the time the defendant joined in the agreement, the defendant knew
the purpose of the agreement; and
Four, while the agreement was in effect, a person or persons who had joined in
the agreement knowingly did one or more acts for the purpose of carrying out or
carrying forward the agreement.
Element One
Element One requires that two [or more] people reached an agreement to
commit the crime of concealment money laundering.
Count 41 of the indictment charges conspiracy to commit concealment money
laundering. For you to find that the government has proved a conspiracy, you must
unanimously find that there was an agreement to act for this purpose.
[[DEFENDANTS’ PROPOSED ADDITION:
136
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You must unanimously agree which purpose or purposes motivated the
members of the agreement to act. If you are unable to unanimously agree on at least
one of these purposes, you cannot find the defendant guilty of conspiracy.]]
The agreement between two of more people to commit the crime of concealment
money laundering does not need to be a formal agreement or be in writing. A verbal
or oral understanding can be sufficient to establish an agreement.
It does not matter whether the crime of concealment money laundering was
actually committed or whether the alleged participants in agreement actually
succeeded in accomplishing their unlawful plan.
Element Two
Element Two requires that the defendant voluntarily and intentionally joined
the agreement.
If you have determined that two or more people reached an agreement to
commit concealment money laundering, you must next decide whether the defendant
voluntarily and intentionally joined that agreement, either at the time it was first
formed or at some later time while it was still in effect. Earlier, in deciding whether
two or more people reached an agreement to commit the crime of concealment money
laundering, you could consider the acts and statements of each person alleged to be
part of the agreement. Now, in deciding whether a defendant joined the agreement,
you may consider only the acts and statements of that defendant.
A person joins an agreement to commit concealment money laundering by
voluntarily and intentionally participating in the unlawful plan with the intent to
137
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further the crime of concealment money laundering. It is not necessary for you to find
that the defendant knew all the details of the unlawful plan.
It is not necessary for you to find that the defendant reached an agreement
with every person you determine was a participant in the agreement.
[[DEFENDANTS’ PROPOSED ADDITIONS:
Evidence that a person was present at the scene of an event or events, or acted
in the same way as others or associated with others, does not, alone, prove that the
person joined a conspiracy. A person who has no knowledge of a conspiracy, but who
happens to act in a way that advances the purpose of the conspiracy, does not thereby
become a member. A person’s mere knowledge of the existence of a conspiracy, or
mere knowledge that an objective of a conspiracy was being considered or attempted,
or mere approval of the purpose of a conspiracy, is not enough to prove that the person
joined in a conspiracy. 119
Similarly, merely discussing common goals, mere similarity of conduct
between or among such persons, or even knowing about criminal conduct does not, of
itself, make someone a member of the conspiracy or a conspirator. 120]]
The agreement may last a long time or a short time. The members of an
agreement do not all have to join it at the same time. You may find that someone
joined the agreement even if you find that person did not know all of the details of
the agreement.
119 United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545 at 43-44
(June 5, 2024).
120 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
138
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A person may be a member of the agreement even if the person does not know
all of the other members of the agreement or the person agreed to play only a minor
part in the agreement.
To decide whether the defendant agreed to commit the crime of concealment
money laundering, you should consider the elements of that crime, which are as
follows:
One, the defendant conducted or attempted to conduct a financial transaction,
which in any way or degree affected interstate or foreign commerce;
Two, the defendant conducted or attempted to conduct the financial
transaction with money that involved the proceeds of unlawful activity;
Three, at the time the defendant conducted or attempted to conduct the
financial transaction, the defendant knew the money represented the proceeds of
some form of unlawful activity; and
Four, the defendant conducted or attempted to conduct the financial
transaction knowing that the transaction was designed in whole or in part to conceal
or disguise the nature, location, source, ownership or control of the proceeds of the
unlawful activity.
[[GOVERNMENT’S PROPOSED ADDITION:
You may find that [the defendant] knew the purpose of the financial
transaction was to conceal or disguise the nature, location, source, ownership or
control of the proceeds of wire fraud if you find beyond a reasonable doubt that that
defendant believed there was a high probability of such purpose and that [he] [she]
139
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took deliberate actions to avoid learning of that fact. Knowledge may be inferred if
the defendant [(name)] deliberately closed [his] [her] eyes to what would otherwise
have been obvious to [him] [her]. A willfully blind defendant is one who takes
deliberate actions to avoid confirming a high probability of wrongdoing and who can
almost be said to have actually known the critical facts. 121]] [[Defendant objects to the
inclusion of a Willful Blindness Instruction and it should not be incorporated.]]
You may consider these elements in determining whether the defendant
agreed to commit the crime of concealment money laundering, keeping in mind that
this count of the indictment only charges a conspiracy to commit concealment money
laundering and does not charge that concealment money laundering was committed.
Element Three
Element Three requires that the defendant knew the purpose of the agreement
at the time the defendant joined the agreement.
A person knows the purpose of the agreement if he or she is aware of the
agreement and does not participate in it through ignorance, mistake, carelessness,
negligence, or accident. It is seldom, if ever, possible to determine directly what was
in the defendant’s mind. Thus, the defendant’s knowledge of the agreement and its
purpose can be proved like anything else, from reasonable conclusions drawn from
the evidence.
It is not enough that the defendant and other alleged participants in the
121 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 6.18.1956(B)
(2023).
140
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agreement to commit the crime of wire fraud simply met, discussed matters of
common interest, acted in similar ways, or perhaps helped one another. The
defendant must have known of the existence and purpose of the agreement.
[[DEFENDANTS’ PROPOSED ADDITIONS:
The agreement must be knowingly made or knowingly entered into by at least
two people to commit the crime of concealment money laundering by some joint or
common plan or course of action. 122
Before the jury may find that any defendant, or any other person, became a
member of the conspiracy charged in Count 1 of the indictment, the evidence in the
case must show beyond a reasonable doubt that defendant whose case you are
considering knew the purpose or goal of the agreement or understanding and then
deliberately entered into the agreement intending, in some way, to accomplish the
goal or purpose by this common plan or joint action. 123]]
Without such knowledge, the defendant cannot be guilty of conspiracy, even if
his or her acts furthered the conspiracy.
Element Four
Element Four requires that one of the persons who joined the agreement took
some act for the purpose of carrying out or carrying forward the agreement.
The defendant does not have to personally commit an act in furtherance of the
agreement, know about it, or witness it. It makes no difference which of the
122 2 Fed. Jury Prac. & Instr. § 31:04 (6th ed.).
123 2 Fed. Jury Prac. & Instr. § 31:05 (6th ed.).
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participants in the agreement did the act. This is because a conspiracy is a kind of
“partnership” so that under the law each member is an agent or partner of every other
member and each member is bound by or responsible for the acts of every other
member done to further their scheme.
The act done in furtherance of the agreement does not have to be an unlawful
act. The act may be perfectly innocent in itself.
It is not necessary that the United States prove that more than one act was
done in furtherance of the agreement. It is sufficient if the government proves one
such act; but in that event, in order to return a verdict of guilty, you must all agree
which act was done.
If all the elements for Conspiracy to Commit Concealment Money Laundering
for Count 41 have been proved beyond a reasonable doubt, then you must find the
defendant guilty of the crime charged under that count; otherwise, you must find the
defendant not guilty of the crime charged under that count. 124
124Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 1.02,
6.18.1957, 5.06A-1 (2023).
142
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JURY INSTRUCTION NO. __
[[DEFENDANTS’ PROPOSED INSTRUCTION:
Single Conspiracy
The indictment charges the defendants were members of one single conspiracy
to commit the crime of concealment wire fraud.
One of the issues you must decide is whether there were really two (or more)
separate conspiracies with different purposes and scopes. The United States must
convince you beyond a reasonable doubt that each defendant was a member of the
conspiracy to commit the crime of concealment wire fraud to the scope alleged in the
indictment. If the United States fails to prove this as to a defendant, then you must
find that defendant not guilty of the conspiracy charge, even if you find that he or she
was a member of some other conspiracy. Proof that the defendant was a member of
some conspiracy other than the one alleged in the indictment is not enough to
convict. 125]]
125 Eighth Circuit Model Jury Instructions, Criminal, § 5.06B (Revised October 2021)
(modified); United States v. Farah, et al., Case No. 22-cr-00124-NEB-DTS, Dkt. 545
(June 5, 2024).
143
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JURY INSTRUCTION NO. 68
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Acts and Statements
If you determine that an agreement existed and the defendant joined the
agreement, then acts and statements knowingly done or made by a member of the
agreement during the existence of the agreement and in furtherance of it may be
considered by you as evidence pertaining to the defendant, even though the acts and
statements were done or made in the absence of and without the knowledge of the
defendant. This includes acts done or statements made before the defendant joined
the agreement, because a person who knowingly, voluntarily, and intentionally joins
an existing conspiracy becomes responsible for all of the conduct of the co-conspirators
from the beginning of the conspiracy. 126 ]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 127
Acts and Declarations of Co-Conspirators
Evidence has been received in this case that certain persons, who are alleged
in Count ___ of the indictment to be co-conspirators of Defendant ___, have done or
said things during the existence or life of the alleged conspiracy in order to further or
advance its goal[s].
126 Eighth Circuit Model Jury Instructions, Criminal, § 5.06D (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
127 Defendants reserve the right to object to any version of this instruction being given
based on the evidence adduced at trial. If the Court elects to give such an instruction,
Defendants propose this version instead of the government’s proposed Jury
Instruction No. 67.
144
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Such acts and statements of these other individuals may be considered by you
in determining whether or not the government has proven the charges in Count ___
of the indictment against Defendant ___.
Since these acts may have been performed and these statements may have
been made outside the presence of Defendant ___ and even done or said without the
defendant’s knowledge, these acts or statements should be examined with particular
care by you before considering them against the defendant who did not do the
particular act or make the particular statement. 128]]
128 2 Fed. Jury Prac. & Instr. § 31:06 (6th ed.).
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JURY INSTRUCTION NO. 69
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Abdi Nur Salah guilty of conspiring to commit the crime of
concealment money laundering, you must then consider whether Abdi Nur Salah also
committed the crime of concealment money laundering.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Abdi Nur Salah committed the crime of concealment money
laundering:
One, some other defendant committed the crime of concealment money
laundering, as set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
concealment money laundering was committed;
Three, that same defendant committed the crime of concealment money
laundering in furtherance of the conspiracy;
Four, the concealment money laundering was within the scope of the
conspiracy, or was reasonably foreseeable as a necessary, or natural consequence of
the conspiracy; and
Five, Abdi Nur Salah was also a member of the conspiracy at the time the
concealment money laundering was committed. 129]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 130
129 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
130 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 68.
146
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Responsibility for Substantive Offense
A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
147
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Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 131]]
131 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
148
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JURY INSTRUCTION NO. 70
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Salim Said guilty of conspiring to commit the crime of concealment
money laundering you must then consider whether Salim Said also committed the
crime of concealment money laundering.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Salim Said committed the crime of concealment money laundering:
One, some other defendant committed the crime of concealment money
laundering, as set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
concealment money laundering committed;
Three, that same defendant committed the crime of concealment money
laundering in furtherance of the conspiracy;
Four, the concealment money laundering was within the scope of the
conspiracy, or was reasonably foreseeable as a necessary, or natural consequence of
the conspiracy; and
Five, Salim Said was also a member of the conspiracy at the time the
concealment money laundering was committed. 132]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 133
132 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
133 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 69.
149
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Responsibility for Substantive Offense
A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
150
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Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 134]]
134 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
151
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JURY INSTRUCTION NO. 71
[[GOVERNMENT’S PROPOSED INSTRUCTION
Conspiracy: Co-Conspirator Liability
If you find Abdulkadir Nur Salah guilty of conspiring to commit the crime of
concealment money laundering, you must then consider whether Abdulkadir Nur
Salah also committed the crime of concealment money laundering.
Because a member of a conspiracy is responsible for a crime committed by any
other member of the conspiracy, the following elements must be proved in order for
you to find that Abdulkadir Nur Salah committed the crime of concealment money
laundering:
One, some other defendant committed the crime of concealment money
laundering, as set forth in Jury Instruction No. XX,
Two, that same defendant was a member of the conspiracy at the time the
concealment money laundering was committed;
Three, that same defendant committed the crime of concealment money
laundering in furtherance of the conspiracy;
Four, the concealment money laundering was within the scope of the
conspiracy, or was reasonably foreseeable as a necessary, or natural consequence of
the conspiracy; and
Five, Abdulkadir Nur Salah was also a member of the conspiracy at the time
the concealment money laundering was committed. 135 ]]
[[DEFENDANTS’ PROPOSED ALTERNATIVE: 136
135 Eighth Circuit Model Jury Instructions, Criminal, § 5.06E (Revised October 2021)
(modified). (Defendants reserve the right to object to any version of this instruction
being given based on the evidence adduced at trial. If the Court elects to give such
an instruction, Defendants propose instead the language immediately below.)
136 Defendants reserve the right to object to any version of this instruction being
given based on the evidence adduced at trial. If the Court elects to give such an
instruction, Defendants propose this version instead of the government’s proposed
Jury Instruction No. 70.
152
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Responsibility for Substantive Offense
A member of a conspiracy who commits another crime during the existence or
life of a conspiracy and commits this other crime in order to further or somehow
advance the goal(s) or objective(s) of the conspiracy may be considered by you to be
acting as the agent of the other members of the conspiracy. The illegal actions of this
conspirator in committing this other crime may be attributed to other individuals who
are then members of the conspiracy. Under certain conditions, therefore, a defendant
may be found guilty of this other crime even though he or she did not participate
directly in the acts constituting that offense.
If you find that the government has proven Defendant guilty of conspiracy
beyond a reasonable doubt, as charged in Count of the indictment, you may also find
Defendant guilty of the crime alleged in any other count of the indictment in which
[he] [she] is charged, provided you find that the essential elements of that count as
defined in these instructions have been established beyond reasonable doubt and,
provided further, that you also find beyond reasonable doubt, that
One: The substantive offense of as described in Count of the indictment was
committed by a member of the conspiracy as detailed in Count of the indictment;
Two: The substantive crime of was committed during the existence or life of
and in furtherance of the goal(s) or objective(s) of the conspiracy detailed in Count of
the indictment; and
153
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Three: At the time that this offense was committed, Defendant was a member
of the conspiracy detailed in Count XX of the indictment. 137]]
137 2 Fed. Jury Prac. & Instr. § 31:10 (6th ed.).
154
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JURY INSTRUCTION NO. 72
[[FOR THE MONEY LAUNDERING COUNTS, THE GOVERNMENT
PROPOSES INSTRUCTIONS 72 THROUGH 81. THE DEFENSE
ALTERNATIVELY PROPOSES INSTRUCTION 82.]]
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Salim Said)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 42 of the indictment, has five elements:
One, on or about February 24, 2021, Said Farah knowingly caused the
payment of $47,000 toward the purchase of a 2021 Chevrolet truck;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Salim Said knew that the payment involved proceeds of a criminal
offense;
Four, the payment of the check took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 138
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 42 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
For all counts charging the crime of Engaging in Monetary Transactions in
138 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 6.18.1957.
155
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Property Derived from Unlawful Activity, the following rules and definitions apply.
A defendant may be found to have attempted to conduct a financial transaction
if he or she intended to conduct a financial transaction and voluntarily and
intentionally carried out some act which was a substantial step toward conducting
that financial transaction, even if the transaction was never completed.
The term “conducted,” as used in this Instruction, includes initiating,
concluding, or participating in initiating or concluding a transaction.
The phrase “financial transaction,” as used in this Instruction, means a
transaction which in any way or degree affects interstate or foreign commerce
involving the movement of funds by wire or other means and/or a transaction
involving the use of a financial institution which is engaged in, or the activities of
which affect, interstate or foreign commerce in any way or degree.
The phrase “financial institution” includes each agent, agency, branch, or
office within the United States of any person doing business, whether or not on a
regular basis or as an organized business concern, as a bank and/or money services
business. Individuals, groups of individuals, and businesses not formally established
as financial institutions, may in fact be a financial institution if they act in one of the
capacities I have listed.
The phrase “interstate commerce,” as used above, means commerce between
any combination of states, territories, and possessions of the United States, including
the District of Columbia.
The term “commerce” includes, among other things, travel, trade,
156
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transportation and communication.
It is not necessary for the United States to show that the defendant actually
intended or anticipated an effect on interstate or foreign commerce. All that is
necessary is that interstate or foreign commerce was affected as a natural and
probable consequence of the defendant’s actions.
[[GOVERNMENT’S PROPOSED ADDITION: The term “proceeds” means any
property, or any interest in property, that someone derives from, or obtains or
retains, either directly or indirectly, as a result of the commission of wire fraud. It
includes the gross receipts of wire fraud. Proceeds can be any kind of property, not
just money. It can include personal property, like a car or a piece of jewelry, or real
property, like an interest in land. So, for example: if someone robs a bank, the money
he takes from the teller is the proceeds of the bank robbery; and if someone steals a
car, the car is the proceeds of the theft. 139]]
The Government is not required to trace the property it alleges to be proceeds
of wire fraud to a particular underlying offense. It is sufficient if the Government
proves that the property was the proceeds of wire fraud generally.
The Government need not prove that all of the property involved in the
transaction or the transmission or transfer was the proceeds of wire fraud. It is
sufficient if the Government proves that at least part of the property represents such
proceeds.
139 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 6.18.1957.
157
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[[GOVERNMENT’S PROPOSED ADDITION: The phrase “knew the money
represented the proceeds of some form of unlawful activity,” means that the
defendant knew the property involved in the transaction represented proceeds from
some form, though not necessarily which form, of activity that constitutes a felony
offense under state or federal law. Thus, the Government need not prove that the
defendant specifically knew that the money involved in the financial transaction
represented the proceeds of wire fraud or any other specific offense; it need only prove
that the defendant knew it represented the proceeds of some form, though not
necessarily which form, of felony under state or federal law. I instruct you as a matter
of law that wire fraud is a felony under federal law. 140]]
[If the Court elects to use the government’s approach to the money laundering
counts, Defendants object to the inclusion of the proposed additions above]
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 42 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
140 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 6.18.1957.
158
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JURY INSTRUCTION NO. 73
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Salim Said)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 44 of the indictment, has five elements:
One, on or about March 4, 2021, Salim Said knowingly caused to be made a
payment of approximately $114,887 toward the purchase of a 2021 Cadillac;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Salim Said knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 141
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 44 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
141 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
159
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JURY INSTRUCTION NO. 74
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Salim Said)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 51 of the indictment, has five elements:
One, on or about July 1, 2021, Salim Said knowingly caused to be made a
payment of approximately $575,000 toward the purchase of a single-family home
located in Plymouth, Minnesota;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Salim Said knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 142
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 51 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
142 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
160
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JURY INSTRUCTION NO. 75
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Salim Said)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 52 of the indictment, has five elements:
One, on or about July 26, 2021, Salim Said knowingly caused to be made a
payment of approximately $2,735,000 toward the purchase of a commercial building
located on Park Avenue South in Minneapolis;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Salim Said then knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 143
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 52 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
143 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
161
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JURY INSTRUCTION NO. 76
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Abdulkadir Salah)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 52 of the indictment, has five elements:
One, on or about July 26, 2021, Abdulkadir Salah knowingly caused to be made
a payment of approximately $2,735,000 toward the purchase of a commercial
building located on Park Avenue South in Minneapolis;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdulkadir Salah then knew that the payment involved proceeds of a
criminal offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 144
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 52 have been proved beyond a reasonable doubt,
then you must find Abdulkadir Salah guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
144 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
162
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JURY INSTRUCTION NO. 77
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Salim Said)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 57 of the indictment, has five elements:
One, on or about August 30, 2021, Salim Said knowingly caused to be made a
payment of approximately $2,400,000 toward the purchase of a commercial building
located on Stelzer Road in Columbus, Ohio;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdimajid Nur knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 145
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 57 have been proved beyond a reasonable doubt,
then you must find Salim Said guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
145 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
163
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JURY INSTRUCTION NO. 78
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Abdulkadir Salah)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 57 of the indictment, has five elements:
One, on or about August 30, 2021, Abdulkadir Salah knowingly caused to be
made a payment of approximately $2,400,000 toward the purchase of a commercial
building located on Stelzer Road in Columbus, Ohio;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdulkadir Salah knew that the payment involved proceeds of a
criminal offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 146
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 57 have been proved beyond a reasonable doubt,
then you must find Abdulkadir Salah guilty of the crime charged under that count;
otherwise, you must find Salim Said not guilty of the crime charged under that count.
146 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
164
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JURY INSTRUCTION NO. 79
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Abdulkadir Salah)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 58 of the indictment, has five elements:
One, on or about October 22, 2021, Abdulkadir Salah knowingly caused to be
made a payment of approximately $1,000,000 toward the purchase of a property
located in Brooklyn Park, Minnesota;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdulkadir Salah knew that the payment involved proceeds of a
criminal offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 147
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 58 have been proved beyond a reasonable doubt,
then you must find Abdulkadir Salah guilty of the crime charged under that count;
otherwise, you must find Abdulkadir Salah not guilty of the crime charged under
that count.
147 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
165
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JURY INSTRUCTION NO. 80
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Abdi Nur Salah)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 58 of the indictment, has five elements:
One, on or about October 22, 2021, Abdi Nur Salah knowingly caused to be
made a payment of approximately $1,000,000 toward the purchase of a property
located in Brooklyn Park, Minnesota;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdi Nur Salah knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 148
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 58 have been proved beyond a reasonable doubt,
then you must find Abdi Nur Salah guilty of the crime charged under that count;
otherwise, you must find Abdulkadir Salah not guilty of the crime charged under
that count.
148 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
166
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JURY INSTRUCTION NO. 81
Engaging in Monetary Transactions in Property Derived from Unlawful Activity
(Abdi Nur Salah)
The crime of Engaging in Monetary Transactions in Property Derived from
Unlawful Activity, as charged in Count 59 of the indictment, has five elements:
One, on or about October 29, 2021, Abdi Nur Salah knowingly caused to be
made a payment of approximately $386,000 toward the purchase of a residential
property located on 12th Avenue South in Minneapolis;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, Abdi Nur Salah then knew that the payment involved proceeds of a
criminal offense;
Four, the payment took place within the United States; and
Five, the payment in some way or degree affected interstate commerce. 149
If all the elements for Engaging in Monetary Transactions in Property Derived
from Unlawful Activity for Count 59 have been proved beyond a reasonable doubt,
then you must find Abdi Nur Salah guilty of the crime charged under that count;
otherwise, you must find Abdi Nur Salah not guilty of the crime charged under that
count.
149 Manual of Model Criminal Jury Instructions for the Eighth Circuit, §§ 6.18.1957.
167
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JURY INSTRUCTION NO. 82
[[FOR THE MONEY LAUNDERING COUNTS, THE GOVERNMENT
PROPOSES INSTRUCTIONS 72 THROUGH 81. THE DEFENSE
ALTERNATIVELY PROPOSES INSTRUCTION 82.]]
Engaging in Monetary Transactions in Property Derived from Specified Unlawful
Activity
Salim Said is charged in Counts 42, 44, 51, 52, and 57 with the crime of
Engaging in Monetary Transactions in Property Derived From Specified Unlawful
Activity on or about the dates listed on the verdict form. Abdulkadir Nur Salah is
charged in Counts 52, 57, and 58 with the crime of Engaging in Monetary
Transactions in Property Derived From Specified Unlawful Activity on or about the
dates listed on the verdict form. Abdi Nur Salah is charged in Counts 58 and 59 with
the crime of Engaging in Monetary Transactions in Property Derived From Specified
Unlawful Activity on or about the dates listed on the verdict form. The crime of
Engaging in Monetary Transactions in Property Derived From Specified Unlawful
Activity, as charged in each of these counts, has five elements:
One, on or about the date listed on the verdict form for each Count, the
defendant knowingly caused to be made the payment described on the verdict form
for that Count;
Two, that payment was of a value greater than $10,000 derived from wire
fraud;
Three, the defendant knew that the payment involved proceeds of a criminal
offense;
Four, the payment took place within the United States; and
168
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Five, the payment in some way or degree affected interstate commerce.
A defendant may be found to have attempted to conduct a financial transaction
if he or she intended to conduct a financial transaction and voluntarily and
intentionally carried out some act which was a substantial step toward conducting
that financial transaction, even if the transaction was never completed.
The term “conducted,” as used in this Instruction, includes initiating,
concluding, or participating in initiating or concluding a transaction.
The phrase “financial transaction,” as used in this Instruction, means a
transaction which in any way or degree affects interstate or foreign commerce
involving the movement of funds by wire or other means and/or a transaction
involving the use of a financial institution which is engaged in, or the activities of
which affect, interstate or foreign commerce in any way or degree.
The phrase “financial institution” includes each agent, agency, branch, or
office within the United States of any person doing business, whether or not on a
regular basis or as an organized business concern, as a bank and/or money services
business. Individuals, groups of individuals, and businesses not formally established
as financial institutions, may in fact be a financial institution if they act in one of the
capacities I have listed.
The phrase “interstate commerce,” as used above, means commerce between
any combination of states, territories, and possessions of the United States, including
the District of Columbia.
The term “commerce” includes, among other things, travel, trade,
169
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transportation and communication.
If all the elements for Engaging in Monetary Transactions in Property Derived
From Specified Unlawful Activity for the Count you are considering have been proved
beyond a reasonable doubt, then you must find the defendant guilty of the crime
charged under that Count; otherwise, you must find the defendant not guilty of the
crime charged under that Count.
170
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JURY INSTRUCTION NO. 83
Good Faith
One of the issues in this case is whether the defendant acted in good faith.
Good faith is a complete defense to the crime of wire fraud. [[DEFENDANTS’
PROPOSED ADDITIONS: and federal programs bribery, and to alleged conspiracies
to commit those offenses.]] If the defendant did not act with the intent to defraud
and/or the intend to obtain money or property by means of false or fraudulent
pretenses, representations, or promises, [[or with corrupt intent 150]] which is an
element of the charge. The essence of the good faith defense is that one who acts with
150 United States v. Collier, 66 F.3d 320 (5th Cir. 1995) (“the district court went on to
explain that because the Government was required to prove that the defendant’s
intent was corrupt, good faith was a complete defense to the bribery charge.”).
171
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honest intentions cannot be convicted of a crime requiring fraudulent [[or corrupt]]
intent.
Good faith includes, among other things, an opinion or belief that is honestly
held, even if the opinion is in error or the belief is mistaken.
[[DEFENDANTS’ PROPOSED ADDITIONS:
Good faith also encompasses, among other things, an absence of malice or ill
will, and an intention to avoid taking unfair advantage of another. 151
An honest mistake in judgment or an honest error in management does not
rise to the level of criminal conduct. 152]]
However, even though a defendant honestly held a certain opinion or belief
(such as a belief that a business venture would ultimately succeed, that investors
would make a profit, or that investors would not lose money), a defendant does not
act in good faith if he or she also knowingly made false or fraudulent representations
or promises, or otherwise acted with the intent to defraud or deceive another [or with
151 1A Fed. Jury Prac. & Instr. § 19:06 (7th ed.).
152 1A Fed. Jury Prac. & Instr. § 19:06 (7th ed.).
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corrupt intent]. Proof of fraudulent intent requires more than proof that a defendant
only made a mistake in judgment or management, or was careless.
The Government has the burden of proving beyond a reasonable doubt that the
defendant acted with the intent to defraud and/or the intend to obtain money or
property by means of false or fraudulent pretenses, representations, or promises
[[DEFENDANTS’ PROPOSED ALTERNATIVE: For the wire fraud and wire
fraud conspiracy charges, the Government has the burden of proving beyond a
reasonable doubt that the defendant acted with the intent to defraud and/or the
intend to obtain money or property by means of false or fraudulent pretenses,
representations, or promises. For the federal programs bribery and bribery
conspiracy counts, the Government has the burden of proving beyond a reasonable
doubt that the defendant acted with corrupt intent. The burden of proving good faith
does not rest with the defendant because the defendant does not have any obligation
to prove anything in this case. 153]]
Evidence that the defendant acted in good faith may be considered by you,
together with all the other evidence, in determining whether or not the defendant
acted with the intent to defraud and/or the intent to obtain money or property by
153 1A Fed. Jury Prac. & Instr. § 19:06 (7th ed.).
173
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means of false or fraudulent pretenses, representations, or promises [or with a
corrupt intent]. 154
[[DEFENDANTS’ PROPOSED ADDITION:
If the evidence in this case leaves you with a reasonable doubt as to whether a
defendant acted with the intent to defraud, with corrupt intent, or in good faith, you
must find that defendant not guilty of the count you are considering.]]
154 Manual of Model Criminal Jury Instructions for the Eighth Circuit, § 9.08A (2023).
174
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JURY INSTRUCTION NO. 84
Intent
Intent may be proved like anything else. You may consider any statements
made and acts done by the defendant, and all the facts and circumstances in evidence
which may aid in a determination of the defendant’s knowledge or intent.
You may, but are not required to, infer that a person intends the natural and
probable consequences of acts knowingly done or knowingly omitted. 155
155 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 7.05 (2023).
175
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JURY INSTRUCTION NO. 85
[[DEFENDANTS’ PROPOSED INSTRUCTION:
“Knowingly” Defined
The term “knowingly,” as used in these instructions to describe the alleged
state of mind of the Defendant charged in the count you are considering, means that
he or she was conscious and aware of his or her actions, realized what he or she was
doing or what was happening around him or her, and did not act because of ignorance,
mistake, or accident. 156]]
156 1A Fed. Jury Prac. & Instr. § 17:04 (7th ed.) (modified)
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JURY INSTRUCTION NO. 86
[[GOVERNMENT’S PROPOSED INSTRUCTION:
Deliberate Ignorance / Willful Blindness
You may find that a defendant acted knowingly if you find beyond a reasonable
doubt that he believed there was a high probability that a certain fact or set of facts
existed, and that he took deliberate actions to avoid learning of those facts.
Knowledge may be inferred if the defendant deliberately closed the defendant’s eyes
to what would otherwise have been obvious to the defendant. A willfully blind
defendant is one who takes deliberate actions to avoid confirming a high probability
of wrongdoing and who can almost be said to have actually known the critical facts.
You may not find the defendant acted “knowingly” if you find the defendant was
merely negligent, careless, or mistaken as to the facts in question. 157]]
[[Defendants object to the inclusion of a deliberate ignorance or willful
blindness instruction]]
157 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 7.04 (2023)
(as modified).
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JURY INSTRUCTION NO. 87
Types of Evidence
There are two types of evidence which are generally presented during a trial—
direct evidence and circumstantial evidence. You are instructed that you should not be
concerned with those terms. The law makes no distinction between direct and
circumstantial evidence. You should give all evidence the weight and value you believe
it is entitled to receive. 158
158 O’Malley, Grenig, and Lee, 1A Federal Jury Practice and Instructions, § 12.04 (6th
ed.).
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JURY INSTRUCTION NO. 88
Separate Crime
A separate crime is alleged against the defendant in each count of the
Indictment. Each alleged offense, and any evidence pertaining to it, should be
considered separately by the jury. The fact that you find the defendant guilty or not
guilty of one of the offenses charged should not control your verdict as to any other
offense charged against him or her. You must give separate and individual
consideration to each charge. 159
159 O’Malley, Grenig, and Lee, 1A Federal Jury Practice and Instructions § 12.13 (6th
ed.).
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JURY INSTRUCTION NO. 89
[[DEFENDANTS’ PROPOSED INSTRUCTION:
Theory of Defense
At the close of trial, all defendants reserve the right to seek a theory of defense
instruction.]]
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JURY INSTRUCTION NO. 90
Duty to Deliberate; Punishment Not a Factor; Verdict Form
In conducting your deliberations and returning your verdict, there are certain
rules you must follow. I will list those rules for you now.
First, when you go to the jury room, you must select one of your members as
your foreperson. That person will preside over your discussions and speak for you
here in court.
Second, it is your duty, as jurors, to discuss this case with one another in the
jury room. You should try to reach agreement if you can do so without violence to
individual judgment, because a verdict—whether guilty or not guilty—must be
unanimous.
Each of you must make your own conscientious decision, but only after you
have considered all the evidence, discussed it fully with your fellow jurors, and
listened to the views of your fellow jurors.
Do not be afraid to change your opinions if the discussion persuades you that
you should. But do not come to a decision simply because other jurors think it is
right, or simply to reach a verdict.
Third, if the defendant is found guilty, the sentence to be imposed is my
responsibility. You may not consider punishment in any way in deciding whether the
United States has proved its case beyond a reasonable doubt.
Fourth, if you need to communicate with me during your deliberations, you
may send a note to me through the marshal or bailiff, signed by one or more jurors.
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I will respond as soon as possible either in writing or orally in open court. Remember
that you should not tell anyone—including me—how your votes stand numerically.
Fifth, your verdict must be based solely on the evidence and on the law which
I have given to you in my instructions. The verdict, whether guilty or not guilty, must
be unanimous as to each count. Nothing I have said or done is intended to suggest
what your verdict should be—that is entirely for you to decide.
Finally, the verdict form is simply the written notice of the decision that you
reach in this case. [The form reads: (read form)]. You will take this form to the jury
room, and when each of you has agreed on the verdicts, your foreperson will fill in the
form, sign and date it, and advise the marshal or bailiff that you are ready to return
to the courtroom. 160
160 Manual of Model Criminal Jury Instructions for the Eighth Circuit § 3.12 (2023).
182
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