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Jointly Proposed Jury Instructions — United States v. Emmet Bowens (Dkt. 201)

Summary

Jointly Proposed Jury Instructions filed December 15, 2025, as Document 201 in United States v. Emmet Bowens, Case No. 6:21-cr-141-RBD-NWH, United States District Court, Middle District of Florida, Orlando Division. The United States and the defendant, through counsel, jointly submit instructions to be given in the Court's charge at the beginning and end of trial. A table of contents lists a Preliminary Instruction, the Court's Instructions to the Jury, Joint Instructions and one Government Requested Instruction 12. Joint Instruction 1 covers the presumption of innocence when a defendant does not testify, and Joint Instruction 19 covers the verdict and foreperson. A footnote says a Faretta hearing is set for December 16, 2025, on whether the defendant will proceed pro se.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Jointly Proposed Jury Instructions — United States v. Emmet Bowens (Dkt. 201).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-201-0-31a4f2780c/, SHA-256 8a2fc638f8e7d0b5dccd3d474c17928dafacac0dafae0bc447093389127891fb.

Full text

Case 6:21-cr-00141-RBD-NWH        Document 201      Filed 12/15/25    Page 1 of 34 PageID 521




                       UNITED STATES DISTRICT COURT
                        MIDDLE DISTRICT OF FLORIDA
                            ORLANDO DIVISION

       UNITED STATES OF AMERICA

       v.                                     Case No. 6:21-cr-141-RBD-NWH

       EMMET BOWENS


                    JOINTLY PROPOSED JURY INSTRUCTIONS

   The United States and the defendant, through his counsel, jointly submit the

   following proposed jury instructions to be given during the Court’s charge at the

   beginning and end of the trial of the above-named defendant. 1

                                                        Respectfully submitted,

                                                        GREGORY W. KEHOE
                                                        United States Attorney


By: /s/ Michael W. Nielsen                        By: /s/ Rachel S. Lyons
    Michael W. Nielsen, Esq.                          Rachel S. Lyons
    Florida Bar No. 794392                            Special Assistant United States Attorney
    Smith & Eulo Law Firm                             USA No. 215
    720 W State Road 434                              400 W. Washington Street, Suite 3100
    Winter Springs, FL 32708                          Orlando, Florida 32801
    mnielsen@smithandeulo.com                         Telephone: (407) 648-7500
    sroofe@smithandeulo.com                           Facsimile: (407) 648-7643
    sfetterman@smithandeulo.com                       E-mail:       Rachel.Lyons@usdoj.gov
    (407) 327-5865
    Counsel for Emmet Bowens

   1
     Counsel have conferred and agreed to the proposed verdict form. However, counsel note
   that a Faretta hearing is set for December 16, 2025, to address whether the Defendant
   intends to proceed pro se.
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                                           TABLE OF CONTENTS (linked)
  PRELIMINARY INSTRUCTION – CRIMINAL CASES ........................................................................... 1
  COURT’S INSTRUCTIONS TO THE JURY .............................................................................................. 1
    JOINT INSTRUCTION 1 ......................................................................................................................... 2
    JOINT INSTRUCTION 2 ......................................................................................................................... 3
    JOINT INSTRUCTION 3 ......................................................................................................................... 4
    JOINT INSTRUCTION 4 ......................................................................................................................... 5
    JOINT INSTRUCTION 5 ......................................................................................................................... 6
    JOINT INSTRUCTION 6 ......................................................................................................................... 7
    JOINT INSTRUCTION 7 ......................................................................................................................... 8
    JOINT INSTRUCTION 8 ......................................................................................................................... 9
    JOINT INSTRUCTION 9 ....................................................................................................................... 11
    JOINT INSTRUCTION 10 ..................................................................................................................... 13
    JOINT INSTRUCTION 11 ..................................................................................................................... 14
    GOVERNMENT REQUESTED INSTRUCTION 12............................................................................. 15
    JOINT INSTRUCTION 13 ..................................................................................................................... 17
    JOINT INSTRUCTION 14 ..................................................................................................................... 18
    JOINT INSTRUCTION 15 ..................................................................................................................... 19
    JOINT INSTRUCTION 16 ..................................................................................................................... 20
    JOINT INSTRUCTION 17 ..................................................................................................................... 21
    JOINT INSTRUCTION 18 ..................................................................................................................... 23
    JOINT INSTRUCTION 19 ..................................................................................................................... 24




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                                 P1
               PRELIMINARY INSTRUCTION – CRIMINAL CASES

  Members of the Jury:

         Now that you have been sworn, I need to explain some basic principles about

  a criminal trial and your duty as jurors. These are preliminary instructions. At the

  end of the trial, I will give you more detailed instructions.

  Duty of jury:

         It will be your duty to decide what happened so you can determine whether

  the defendant is guilty or not guilty of the crimes charged in the indictment. At the

  end of the trial, I will explain the law that you must follow to reach your verdict.

  You must follow the law as I explain it to you even if you do not agree with the law.

  What is evidence:

         You must decide the case solely on the evidence presented here in the

  courtroom. Evidence can come in many forms. It can be testimony about what

  someone saw or heard or smelled. It can be an exhibit admitted into evidence. It can

  be someone’s opinion. Some evidence proves a fact indirectly, such as a witness who

  saw wet grass outside and people walking into the courthouse carrying wet

  umbrellas. Indirect evidence, sometimes called circumstantial evidence, is simply a

  chain of circumstances that proves a fact. As far as the law is concerned, it makes no

  difference whether evidence is direct or indirect. You may choose to believe or

  disbelieve either kind and should give every piece of evidence whatever weight you

  think it deserves.



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  What is not evidence:

        Certain things are not evidence and must not be considered. I will list them for

  you now:

        • Statements and arguments of the lawyers. In their opening statements
          and closing arguments, the lawyers will discuss the case, but their
          remarks are not evidence;
        • Questions and objections of the lawyers. The lawyers’ questions are
          not evidence. Only the witnesses’ answers are evidence. You should
          not think that something is true just because a lawyer’s question
          suggests that it is. For instance, if a lawyer asks a witness, “you saw
          the defendant hit his sister, didn’t you?” – that question is no evidence
          whatsoever of what the witness saw or what the defendant did, unless
          the witness agrees with it.
        There are rules of evidence that control what can be received into evidence.

  When a lawyer asks a question or offers an exhibit and a lawyer on the other side

  thinks that it is not permitted by the rules of evidence, that lawyer may object. If I

  overrule the objection, then the question may be answered or the exhibit received. If

  I sustain the objection, then the question cannot be answered, and the exhibit cannot

  be received. Whenever I sustain an objection to a question, you must ignore the

  question and not try to guess what the answer would have been.

        Sometimes I may order that evidence be stricken and that you disregard or

  ignore the evidence. That means that when you are deciding the case, you must not

  consider that evidence.

        Some evidence is admitted only for a limited purpose. When I instruct you

  that an item of evidence has been admitted for a limited purpose, you must consider

  it only for that limited purpose and no other.


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  Credibility of witnesses:

         In reaching your verdict, you may have to decide what testimony to believe

  and what testimony not to believe. You may believe everything a witness says, or

  part of it, or none of it. In considering the testimony of any witness, you may take

  into account:

         • The opportunity and ability of the witness to see or hear or know the
           things testified to;
         • The witness’s memory;
         • The witness’s manner while testifying;
         • The witness’s interest in the outcome of the case and any bias or
           prejudice;
         • Whether other evidence contradicted the witness’s testimony;
         • The reasonableness of the witness’s testimony in light of all the
           evidence; and
         • Any other factors that bear on believability.
         I will give you additional guidelines for determining credibility of witnesses at

  the end of the case.

  Rules for criminal cases:

         As you know, this is a criminal case. There are three basic rules about a

  criminal case that you must keep in mind.

         First, the defendant is presumed innocent until proven guilty. The indictment

  against the defendant brought by the government is only an accusation, nothing

  more. It is not proof of guilt or anything else. The defendant therefore starts out with

  a clean slate.



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         Second, the burden of proof is on the government until the very end of the

  case. The defendant has no burden to prove his innocence or to present any

  evidence, or to testify. Since the defendant has the right to remain silent and may

  choose whether to testify, you cannot legally put any weight on a defendant’s choice

  not to testify. It is not evidence.

         Third, the government must prove the defendant’s guilt beyond a reasonable

  doubt. I will give you further instructions on this point later, but bear in mind that

  the level of proof required is high.

  Conduct of the jury:

         Our law requires jurors to follow certain instructions regarding their personal

  conduct in order to help assure a just and fair trial. I will now give you those

  instructions:

         1. Do not talk, either among yourselves or with anyone else, about
         anything related to the case. You may tell the people with whom you
         live and your employer that you are a juror and give them information
         about when you will be required to be in court, but you may not discuss
         with them or anyone else anything related to the case.
         2. Do not, at any time during the trial, request, accept, agree to accept,
         or discuss with any person, any type of payment or benefit in return for
         supplying any information about the trial.
         3. You must promptly tell me about any incident you know of
         involving an attempt by any person to improperly influence you or any
         member of the jury.
         4. Do not visit or view the premises or place where the charged crime
         was allegedly committed, or any other premises or place involved in the
         case. And you must not use Internet maps or Google Earth or any other
         program or device to search for a view of any location discussed in the
         testimony.



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        5. Do not read, watch, or listen to any accounts or discussions related
        to the case which may be reported by newspapers, television, radio, the
        Internet, or any other news media.
        6. Do not attempt to research any fact, issue, or law related to this case,
        whether by discussions with others, by library or Internet research, or
        by any other means or source.
        In this age of instant electronic communication and research, I want to

  emphasize that in addition to not talking face to face with anyone about the case,

  you must not communicate with anyone about the case by any other means,

  including by telephone, text messages, email, Internet chat, chat rooms, blogs, or

  social-networking websites and apps such as Facebook, Instagram, Snapchat,

  YouTube, or Twitter. You may not use any similar technology of social media,

  even if I have not specifically mentioned it here.

        You must not provide any information about the case to anyone by any means

  whatsoever, and that includes posting information about the case, or what you are

  doing in the case, on any device or Internet site, including blogs, chat rooms, social

  websites, or any other means.

        You also must not use Google or otherwise search for any information about

  the case, or the law that applies to the case, or the people involved in the case,

  including the defendants, the witnesses, the lawyers, or the judge. It is important that

  you understand why these rules exist and why they are so important:

        Our law does not permit jurors to talk with anyone else about the case, or to

  permit anyone to talk to them about the case, because only jurors are authorized to




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  render a verdict. Only you have been found to be fair and only you have promised to

  be fair – no one else is so qualified.

         Our law also does not permit jurors to talk among themselves about the case

  until the court tells them to begin deliberations, because premature discussions can

  lead to a premature final decision.

         Our law also does not permit you to visit a place discussed in the testimony.

  First, you cannot be sure that the place is in the same condition as it was on the day

  in question. Second, even if it were in the same condition, once you go to a place

  discussed in the testimony to evaluate the evidence in light of what you see, you

  become a witness, not a juror. As a witness, you may now have a mistaken view of

  the scene that neither party may have a chance to correct. That is not fair.

         Finally, our law requires that you not read or listen to any news accounts of

  the case, and that you not attempt to research any fact, issue, or law related to the

  case. Your decision must be based solely on the testimony and other evidence

  presented in this courtroom. Also, the law often uses words and phrases in special

  ways, so it is important that any definitions you hear come only from me, and not

  from any other source. It would not be fair to the parties for you to base your

  decision on some reporter’s view or opinion, or upon other information you acquire

  outside the courtroom.

         These rules are designed to help guarantee a fair trial, and our law accordingly

  sets forth serious consequences if the rules are not followed. I trust that you




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 understand and appreciate the importance of following these rules, and in accord

 with your oath and promise, I know you will do so.

 Taking notes:

       Moving on now, if you wish, 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. Do not let note-taking distract

 you so that you do not hear other answers by witnesses. When you leave the

 courtroom, your notes should be left in the jury room. Whether or not you take

 notes, you should rely on your own memory of what was said. Notes are to assist

 your memory only. They are not entitled to any greater weight than your memory or

 impression about the testimony.

 Course of the trial:

       The trial will now begin. First, the government will make an opening

 statement, which is simply an outline to help you understand the evidence as it

 comes in. Next, the defendant’s attorneys may, but does not have to, make an

 opening statement. Opening statements are neither evidence nor argument.

       The government will then present its witnesses, and counsel for the defendant

 may cross-examine them. Following the government’s case, the defendant may, if he

 wishes, present witnesses whom the government may cross-examine. After all the

 evidence is in, the attorneys will present their closing arguments to summarize and

 interpret the evidence for you, and I will instruct you on the law. After that, you will

 go to the jury room to decide your verdict.

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                        UNITED STATES DISTRICT COURT
                         MIDDLE DISTRICT OF FLORIDA
                             ORLANDO DIVISION


  UNITED STATES OF AMERICA

  v.                                       Case No. 6:21-cr-141-RBD-NWH

  EMMET BOWENS


                    COURT’S INSTRUCTIONS TO THE JURY

       Members of the Jury:

       It is my duty to instruct you on the rules of law that you must use in deciding

 this case. After I have completed these instructions, you will go to the jury room and

 begin your discussions – what we call your deliberations.

       You must decide whether the Government has proved the specific facts

 necessary to find the Defendant guilty beyond a reasonable double.




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                              JOINT INSTRUCTION 1

        The Duty to Follow Instructions and the Presumption of Innocence
                      When a Defendant Does Not Testify
                                      B2.2

       Your decision must be based only on the evidence presented during trial. You

 must not be influenced in any way by either sympathy for or prejudice against the

 Defendants or the Government.

       You must follow the law as I explain it – even if you do not agree with the law

 – and you must follow all of my instructions as a whole. You must not single out or

 disregard any of the Court’s instructions on the law.

       The indictment or formal charge against a defendant is not evidence of guilt.

 The law presumes every defendant is innocent. The Defendant does not have to

 prove his innocence or produce any evidence at all. A defendant does not have to

 testify, and you cannot consider in any way the fact that the Defendant did not

 testify. The Government must prove guilt beyond a reasonable doubt. If it fails to do

 so, you must find the Defendant not guilty.




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                              JOINT INSTRUCTION 2

                          Definition of “Reasonable Doubt”
                                          B3

       The Government’s burden of proof is heavy, but it does not have to prove a

 Defendant’s guilt beyond all possible doubt. The Government’s proof only has to

 exclude any “reasonable doubt” concerning the Defendant’s guilt.

       A “reasonable doubt” is a real doubt, based on your reason and common

 sense after you have carefully and impartially considered all the evidence in the case.

       “Proof beyond a reasonable doubt” is proof so convincing that you would be

 willing to rely and act on it without hesitation in the most important of your own

 affairs. If you are convinced that the Defendant has been proved guilty beyond a

 reasonable doubt, say so. If you are not convinced, say so.




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                               JOINT INSTRUCTION 3

                Consideration of Direct and Circumstantial Evidence;
                  Argument of Counsel; Comments by the Court
                                         B4

       As I said before, you must consider only the evidence that I have admitted in

 the case. Evidence includes the testimony of witnesses and the exhibits admitted.

 But, anything the lawyers say is not evidence and is not binding on you.

       You should not assume from anything I have said that I have any opinion

 about any factual issue in this case. Except for my instructions to you on the law,

 you should disregard anything I may have said during the trial in arriving at your

 own decision about the facts.

       Your own recollection and interpretation of the evidence is what matters.

       In considering the evidence you may use reasoning and common sense to

 make deductions and reach conclusions. You should not be concerned about

 whether the evidence is direct or circumstantial.

       “Direct evidence” is the testimony of a person who asserts that he or she has

 actual knowledge of a fact, such as an eyewitness.

       “Circumstantial evidence” is proof of a chain of facts and circumstances that

 tend to prove or disprove a fact. There is no legal difference in the weight you may

 give to either direct or circumstantial evidence.




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                              JOINT INSTRUCTION 4

                               Credibility of Witnesses
                                          B5

       When I say you must consider all the evidence, I do not mean that you must

 accept all the evidence as true or accurate. You should decide whether you believe

 what each witness had to say, and how important that testimony was. In making that

 decision you may believe or disbelieve any witness, in whole or in part. The number

 of witnesses testifying concerning a particular point does not necessarily matter.

       To decide whether you believe any witness I suggest that you ask yourself a

 few questions:

       • Did the witness impress you as one who was telling the truth?

       • Did the witness have any particular reason not to tell the truth?

       • Did the witness have a personal interest in the outcome of the case?

       • Did the witness seem to have a good memory?

       • Did the witness have the opportunity and ability to accurately observe
         the things he or she testified about?

       • Did the witness appear to understand the questions clearly and
         answer them directly?

       • Did the witness’s testimony differ from other testimony or other
         evidence?




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                              JOINT INSTRUCTION 5

                               Middle District of Florida
                                  Basic Witnesses 2

       The law does not require the prosecution to call as witnesses all persons who

 may have been present at any time or place involved in the case, or who may appear

 to have some knowledge of the matter in issue at this trial. Nor does the law require

 the prosecution to produce as exhibits all papers and things mentioned in the

 evidence.




 2
   See United States v. Ruiz, No. 6:17-cr-82-CEM (M.D. Fla. Jan. 8, 2025), ECF 147, p.12;
 United States v. Chew, No. 6:23-cr-214-GAP-RMN (M.D. Fla. Sept. 16, 2024), ECF 51, p.6;
 United States v. Harden Ortiz, No. 6:22-cr-57-RBD-DCI (M.D. Fla. Oct. 21, 2022), ECF 92,
 p.6.


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                               JOINT INSTRUCTION 6

                         Introduction to Offense Instructions
                                         B8

       The indictment charges six separate crimes, called “counts,” against Defendant

 Emmet Bowens. Each count has a number. You will be given a copy of the indictment

 to refer to during your deliberations.

       Counts One and Two charge that the Defendant knowingly and willfully

 committed wire fraud.

       Counts Three through Seven charge that the Defendant knowingly engaged in

 an illegal monetary transaction (or money laundering).




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                                 JOINT INSTRUCTION 7

                                  Caution: Punishment
                         (Multiple Defendants, Multiple Counts)

        Each count of the indictment charges a separate crime against the Defendant.

 You must consider each crime and the evidence relating to it separately. If you find

 the Defendant guilty or not guilty of one crime, that must not affect your verdict for

 any other crime.

        I caution you that the Defendant is on trial only for the specific crimes charged

 in the indictment. You are here to determine from the evidence in this case whether

 the Defendant is guilty or not guilty of those specific crimes.

        You must never consider punishment in any way to decide whether the

 Defendant is guilty or not guilty. If you find the Defendant guilty, the punishment is

 for the Judge alone to decide later.



 ANNOTATIONS AND COMMENTS

 See United States v. Morales, 868 F.2d 1562, 1572 (11th Cir. 1989). There may be cases in which
 the bracketed language in the first paragraph of this instruction is inappropriate and should
 be deleted. This may occur, for example, in prosecutions under 18 U.S.C. § 1962 (RICO
 offenses) or 21 U.S.C. § 848 (Continuing Criminal Enterprise offenses) where the indictment
 is structured so that a conviction of one count or counts (sometimes called “predicate
 offenses”) is necessary to a conviction of another count or counts.




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                              JOINT INSTRUCTION 8

                                 Counts One and Two
                                     Wire Fraud
                                  18 U.S.C. § 1343
                                        O51

       With respect to Counts One and Two in the indictment, it is a Federal crime

 to use interstate wire, radio, or television communications to carry out a scheme to

 defraud someone else.

       The Defendant can be found guilty of this crime only if all the following facts

 are proved beyond a reasonable doubt:

       (1)    the Defendant knowingly devised or participated in a scheme to
              defraud, or to obtain money or property by using false pretenses,
              representations, or promises;

       (2)    the false pretenses, representations, or promises were about a material
              fact;

       (3)    the Defendant acted with the intent to defraud; and

       (4)    the Defendant transmitted or caused to be transmitted by wire some
              communication in interstate commerce to help carry out the scheme to
              defraud.

       The term “scheme to defraud” includes any plan or course of action intended

 to deceive or cheat someone out of money or property by using false or fraudulent

 pretenses, representations, or promises.

       A statement or representation is “false” or “fraudulent” if it is about a material

 fact that the speaker knows is untrue or makes with reckless indifference to the truth,

 and makes with the intent to defraud. A statement or representation may be “false”




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 or “fraudulent” when it is a half-truth, or effectively conceals a material fact, and is

 made with the intent to defraud.

       A “material fact” is an important fact that a reasonable person would use to

 decide whether to do or not do something. A fact is “material” if it has the capacity

 or natural tendency to influence a person’s decision. It does not matter whether the

 decision-maker actually relied on the statement or knew or should have known that

 the statement was false.

       The “intent to defraud” is the specific intent to deceive or cheat someone,

 usually for personal financial gain or to cause financial loss to someone else.

       The Government does not have to prove all the details alleged in the

 indictment about the precise nature and purpose of the scheme. It also does not have

 to prove that the material transmitted by interstate wire was itself false or fraudulent;

 or that using the wire was intended as the specific or exclusive means of carrying out

 the alleged fraud; or that the Defendant personally made the transmission over the

 wire. And it does not have to prove that the alleged scheme actually succeeded in

 defrauding anyone.

       To “use” interstate wire communications is to act so that something would

 normally be sent through wire, radio, or television communications in the normal

 course of business.

       Each separate use of the interstate wire communications as part of the scheme

 to defraud is a separate crime.




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                             JOINT INSTRUCTION 9

                              Counts Three through Six
                                 Money Laundering
                                  18 U.S.C. § 1957
                                       O74.6

       It’s a Federal crime for anyone to engage in certain kinds of financial

 transactions commonly known as money laundering.

       The Defendant can be found guilty of this offense only if all the following are

 proved beyond a reasonable doubt;

       (1) the Defendant knowingly engaged or attempted to engage in a
           monetary transaction;

       (2) the Defendant knew the transaction involved property or funds that
           were the proceeds of some criminal activity;

       (3) the property had a value of more than $10,000;

       (4) the property was in fact proceeds of wire fraud; and

       (5) the transaction took place in the United States.

       The term “monetary transaction” means the deposit, withdrawal, transfer, or

 exchange of funds or a monetary instrument by, through, or to a financial institution

 in a way that affects interstate commerce.

       A “financial institution” means a financial institution which is insured by the

 Federal Deposit Insurance Corporation.

       The term “proceeds” means any property derived from or obtained or retained,

 directly or indirectly, through some form of unlawful activity, including the gross


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 receipts of the activity.

        It doesn’t matter whether the Defendant knew the precise nature of the crime

 or that the property came from committing wire fraud. But the Government must

 prove that the Defendant knew that the property involved in the monetary transaction

 was obtained or derived from committing some crime.

        Also it doesn’t matter whether all the property involved was derived from a

 crime. The Government only has to prove that $10,000 worth of the property was

 obtained or derived from committing a crime.




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                             JOINT INSTRUCTION 10

                           Conjunctively Charged Counts
                                       B8.1

        Where a statute specifies multiple alternative ways in which an offense may be

 committed, the indictment may allege the multiple ways in the conjunctive, that is,

 by using the word “and.” If only one of the alternatives is proved beyond a

 reasonable doubt, that is sufficient for conviction, so long as you agree unanimously

 as to that alternative.




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                              JOINT INSTRUCTION 11

                          Knowingly; Willfully – Generally
                                     B9.1A

       The word “knowingly” means that an act was done voluntarily and

 intentionally and not because of a mistake or by accident.

       The word “willfully” means that the act was committed voluntarily and

 purposely, with the intent to do something the law forbids; that is, with the bad

 purpose to disobey or disregard the law. While a person must have acted with the

 intent to do something the law forbids before you can find that the person acted

 “willfully,” the person need not be aware of the specific law or rule that his conduct

 may be violating.




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                GOVERNMENT REQUESTED INSTRUCTION 12

                                 Evidence of Flight
                                       S19

       Intentional flight or concealment by a person during or immediately after a

 crime has been committed, or after a person is accused of a crime, is not, of course,

 sufficient in itself to establish the guilt of that person. But intentional flight or

 concealment under those circumstances is a fact that, if proved, may be considered

 by the jury in light of all the other evidence in the case in determining the guilt or

 innocence of that person.

       Whether or not the Defendant’s conduct constituted flight or concealment is

 exclusively for you to determine. And if you determine that the Defendant’s conduct

 constituted flight or concealment, whether or not that conduct showed a

 consciousness of guilt on the Defendant’s part is also exclusively for you to

 determine.

       If you find that there was flight or concealment, you should also consider there

 may be reasons for this conduct that are fully consistent with innocence. These may

 include fear of being apprehended, unwillingness to confront the police, or

 reluctance to confront the witness.

       And may I also suggest to you that a feeling of guilt does not necessarily

 reflect actual guilt of a crime that you may be considering.




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                                    546




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                             JOINT INSTRUCTION 13

                           On or About a Particular Date
                                      B9.2

       You will see that the indictment charges that a crime was committed “on or

 about” a certain date. The Government does not have to prove that the offense

 occurred on an exact date. The Government only has to prove beyond a reasonable

 doubt that the crime was committed on a date reasonably close to the date alleged.




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                                       548



                             JOINT INSTRUCTION 14

                                Similar Acts Evidence
                                         S4.1

       During the trial, you heard evidence of acts allegedly done by a Defendant on

 other occasions that may be similar to acts with which that Defendant is currently

 charged. This evidence is admitted and may be considered by you for the limited

 purpose of assisting you in determining whether the Defendant had the state of mind

 or intent necessary to commit the crime charged in the indictment, the Defendant

 had a motive or the opportunity to commit the acts charged in the indictment, the

 Defendant acted according to a plan or in preparation to commit a crime, or the

 Defendant committed the acts charged in the indictment by accident or mistake.

       You may not consider this evidence for any other purpose.

       The Defendant is currently on trial only for the crime charged in the

 indictment. You may not convict a person simply because you believe that person

 may have committed an act in the past that is not charged in the indictment.




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                                   JOINT INSTRUCTION 15

                                   Middle District of Florida
                                  Trial Charts and Summaries 3

          Certain exhibits in the form of charts, summaries, calculations, and the like

 have been received in evidence. Such exhibits are received in evidence where

 voluminous writings, documents, and records are involved. These exhibits are

 available for your assistance and convenience in considering the evidence.




 3
     United States v. Chew, No. 6:23-cr-214-GAP-RMN (M.D. Fla. Sept. 18, 2024), ECF No. 57, p.23.



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                                           550



                                 JOINT INSTRUCTION 16

                                        Note-Taking
                                            S5

           You have been permitted to take notes during the trial. Most of you – perhaps

 all of you – have taken advantage of that opportunity.

           You must use your notes only as a memory aid during deliberations. You

 must not give your notes priority over your independent recollection of the evidence.

 And you must not allow yourself to be unduly influenced by the notes of other

 jurors.

           I emphasize that notes are not entitled to any greater weight than your

 memories or impressions about the testimony.




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                                           551



                                JOINT INSTRUCTION 17

            Judicial Conference Committee on Court Administration and
             Case Management’s Model Jury Instruction for the Use of
                  Electronic Technology to Conduct Research on or
                      Communicate About a Case (June 2012) 4

        During your deliberations, you must not communicate with, or provide any

 information to, anyone by any means about this case.

        You may not use any electronic device or media – such as the telephone, cell

 phone, smart phone, iPhone, Blackberry or computer – the Internet, any Internet

 service, any text or instant messaging service, any Internet chat room, blog, or

 website – such as Facebook, Instagram, LinkedIn, Snapchat, YouTube, Twitter or X,

 TikTok, WhatsApp, or otherwise – to communicate to anyone any information

 about this case or to conduct any research about this case until I accept your verdict.

 In other words, you cannot talk to anyone on the phone, correspond with anyone, or

 electronically communicate with anyone about this case. You can only discuss the

 case in the jury room with your fellow jurors during deliberations. I expect you will

 inform me as soon as you become aware of another juror’s violation of these

 instructions.

        You may not use these electronic means to investigate or communicate about

 the case because it is important that you decide this case based solely on the evidence

 presented in this courtroom. Information on the Internet or available through social



 4
  United States v. Ramirez Reyes, No. 6:24-cr-231-WWB-RMN (M.D. Fla. Oct. 14, 2025), ECF 147,
 pp.10-11 (Dalton, J. presiding at trial).



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 media might be wrong, incomplete, or inaccurate. You are only permitted to discuss

 the case with your fellow jurors during deliberations because they have seen and

 heard the same evidence you have. In our judicial system, it is important that you are

 not influenced by anything or anyone outside of this courtroom. Otherwise, your

 decision may be based on information known only by you and not your fellow jurors

 or the parties in the case. This would unfairly and adversely impact the judicial

 process.




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                              JOINT INSTRUCTION 18

                                    Duty to Deliberate
                                           B11

       Your verdict, whether guilty or not guilty, must be unanimous – in other

 words, you must all agree. Your deliberations are secret, and you will never have to

 explain your verdict to anyone.

       Each of you must decide the case for yourself, but only after fully considering

 the evidence with the other jurors. So you must discuss the case with one another

 and try to reach an agreement. While you are discussing the case, do not hesitate to

 reexamine your own opinion and change your mind if you become convinced that

 you were wrong. But do not give up your honest beliefs just because others think

 differently or because you simply want to get the case over with.

       Remember that, in a very real way, you are judges – judges of the facts. Your

 only interest is to seek the truth from the evidence in the case.




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                               JOINT INSTRUCTION 19

                                           Verdict
                                            B12

          When you get to the jury room, choose one of your members to act as

 foreperson. The foreperson will direct your deliberations and will speak for you in

 court.

          A verdict form has been prepared for your convenience.

                                     [Explain verdict]

          Take the verdict form with you to the jury room. When you have all agreed on

 the verdict, your foreperson must fill in the form, sign it, date it, and carry it. Then

 you will return it to the courtroom.

          If you wish to communicate with me at any time, please write down your

 message or question and give it to the marshal. The marshal will bring it to me and I

 will respond as promptly as possible – either in writing or by talking to you in the

 courtroom. But I caution you not to tell me how many jurors have voted one way or

 the other at that time.




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