Indiana Jury Instruction - Conspiracy To Defraud United States

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

§ 371 affect the government in at least one of three ways: (1) They cheat the government out of money or property; (2) They interfere or obstruct legitimate Government activity; or (3) They make wrongful use of a governmental instrumentality." The "intent required for a conspiracy to defraud the government is that the ...

(18 U.S.C. § 371 "Defraud Clause") A conspiracy is a kind of criminal partnership?an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed.

A conspiracy to defraud is an agreement by two or more persons by dishonesty to deprive a person of something which is his or to which he is or would be or might be entitled, or to injure some proprietary right of his.

You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.

Penalties for Major Fraud Against the United States Major fraud against the Unites States crimes may be punished by up to ten years imprisonment. In addition to this significant jail time, any individual convicted of this crime may have to pay a $1 million fine.

Some common examples of defrauding the government include lying or cheating with respect to government programs administered by Federal agencies such as the Federal Election Commission, the Veterans Administration, or the Federal Housing Administration.

Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.

To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest.

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Indiana Jury Instruction - Conspiracy To Defraud United States