New Mexico Jury Instruction - Conspiracy To Defraud United States
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How to fill out Jury Instruction - Conspiracy To Defraud United States?
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FAQ
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.
Section 371 conspiracies are subject to the general five-year statute of limitations for non-capital federal offenses set forth in 18 U.S.C. § 3282. This five-year statute of limitations also applies to conspiracies under other federal statutes unless those statutes contain their own limitations periods.
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.
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added).
Legal basis (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. The term "official proceeding" is defined in 18 U.S.C.