United States’s Proposed Jury Instructions — No. 5:22-cr-00100 (Dkt. 68, E.D. Ky.)

Summary

United States's Proposed Jury Instructions, Doc 68 in Criminal Action No. 5:22-CR-100-REW-MAS in the Eastern District of Kentucky, Central Division at Lexington, filed 02/21/24 in accordance with the Court's pretrial order at Docket Entry 17. The government submits, reserving the right to withdraw or supplement them, a list of Sixth Circuit Pattern Jury Instructions covering the introduction, jurors' duties, presumption of innocence, evidence, credibility of witnesses, on or about, inferring required mental state, other acts and statements of a defendant, and the deliberation and verdict instructions. The substantive instruction is Pattern Instruction 10.02 on wire fraud under 18 U.S.C. 1343, for Counts 1-12 against the two defendants, setting out the elements the government must prove beyond a reasonable doubt. A certificate of service is dated February 21, 2024.

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“United States’s Proposed Jury Instructions — No. 5:22-cr-00100 (Dkt. 68, E.D. Ky.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-s-proposed-jury-instructions-no-5-22-cr-00100-dkt-68-e-d-cfccd9163e/, SHA-256 1b9bc7f8f98bd7a940d4628318c0d677427b00728cefe1818a2c43a8303599b7.

Full text

Case: 5:22-cr-00100-REW-MAS Doc #: 68 Filed: 02/21/24 Page: 1 of 6 - Page ID#: 261

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON

CRIMINAL ACTION NO. 5:22-CR-100-REW-MAS

UNITED STATES OF AMERICA PLAINTIFF

V. UNITED STATES’S PROPOSED JURY INSTRUCTIONS

KELLY HARRIS
NEAL HARRIS DEFENDANTS

* * * * *

In accordance with the Court’s pretrial order, Docket Entry 17, the United States,

through counsel, submits the following proposed jury instructions. The United States

respectfully reserves the right to withdraw or supplement instructions based on the

evidence presented at the trial, as the Court permits.

Respectfully submitted,

CARLTON S. SHIER, IV
UNITED STATES ATTORNEY

By: /s/ Kate K. Smith
Kate K. Smith
Assistant United States Attorney
260 W. Vine Street, Suite 300
Lexington, Kentucky 40507-1612
(859) 685-4855
FAX (859) 233-2747
kate.smith@usdoj.gov

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CERTIFICATE OF SERVICE

On February 21, 2024, I electronically filed this document through the ECF
system, which will send the notice of electronic filing to counsel of record.

/s/ Kate K. Smith
Assistant United States Attorney

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Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.01
Introduction
Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.02
Jurors’ Duties

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.03
Presumption of Innocence, Burden of Proof, Reasonable Doubt

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.04
Evidence Defined

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.05
Consideration of Evidence

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.06
Direct and Circumstantial Evidence

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.07
Credibility of Witnesses

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.08
Number of Witnesses

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 1.09
Lawyers’ Objections

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 2.01
Introduction

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 2.04
On or About

Instruction No. __: Sixth Circuit Pattern Jury Instruction 2.08
Inferring Required Mental State

Instruction No. __: Sixth Circuit Pattern Jury Instruction 7.13
Other Acts of Defendant

Instruction No. __: Sixth Circuit Pattern Jury Instruction 7.20
Statement by Defendant

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Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.01
Introduction

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.02
Experiments, Research, and Investigation

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.03
Unanimous Verdict

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.04
Duty to Deliberate

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.05
Punishment

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.06
Verdict Form

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.08
Verdict Limited to Charges Against this Defendant

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.09
Court Has No Opinion

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 8.10 (if appropriate)
Juror Notes

Instruction No. __: Sixth Circuit Pattern Jury Instruction No. 10.02
10.02 Wire Fraud (18 U.S.C. § 1343)

Counts 1-12 of the indictment charge the defendants with wire fraud. For you to

find the defendants guilty of wire fraud, you must find that the government has proved

each and every one of the following elements beyond a reasonable doubt:

First, that the defendant knowingly participated in, devised, or intended to devise

a scheme to defraud in order to deprive another of money or property.

Second, that the scheme included a material misrepresentation or concealment of a

material fact;

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Third, that the defendant had the intent to defraud; and

Fourth, that the defendant used wire, radio or television communications and/or

caused another to use wire, radio or television communications in interstate commerce in

furtherance of the scheme.

Now I will give you more detailed instructions on some of these terms.

(A) A “scheme to defraud” includes any plan or course of action by which someone

intends to deprive another of money or property by means of false or fraudulent

pretenses, representations, or promises.

(B) The term “false or fraudulent pretenses, representations or promises” means any

false statements or assertions that concern a material aspect of the matter in question, that

were either known to be untrue when made or made with reckless indifference to their

truth. They include actual, direct false statements as well as half-truths and the knowing

concealment of material facts.

some other innocent reason.

(D) A misrepresentation or concealment is “material” if it has a natural tendency to

influence or is capable of influencing the decision of a person of ordinary prudence and

comprehension.

(E) To act with “intent to defraud” means to act with an intent to deceive or cheat for

the purpose of depriving another of money or property.

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(F) To “cause” wire, radio or television communications to be used is to do an act

with knowledge that the use of the communications will follow in the ordinary course of

business or where such use can reasonably be foreseen.

(G) The term “interstate commerce” includes wire, radio or television communications

which crossed a state line.

It is not necessary that the government prove all of the details alleged concerning

the precise nature and purpose of the scheme, that the material transmitted by wire, radio

or television communications was itself false or fraudulent, that the alleged scheme

actually succeeded in defrauding anyone, that the use of the wire, radio or television

communications was intended as the specific or exclusive means of accomplishing the

alleged fraud, that someone relied on the misrepresentation or false statement, or that the

defendant obtained money or property for his own benefit.

If you are convinced that the government has proved all of the elements, say so by

returning a guilty verdict on this charge. If you have a reasonable doubt about any one of

the elements, then you must find the defendants not guilty of this charge.

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