Tennessee 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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§ 1343 criminalizes the devising of (or the intent to devise) any scheme to defraud or to acquire money or property under false pretenses, by use of some form of electronic communication (wire, radio, television, internet, or even instant messages and text messages) in interstate or foreign commerce.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The maximum sentence for wire fraud is 20 years in federal prison, while fines can reach up to $250,000 for individuals and $500,000 for organizations. While wire fraud often involves financial scams, it can also encompass a wide range of activities.
(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.
(18 U.S.C. § 1343) [To convict defendant[s] of wire fraud based on omission[s] of material fact[s], you must find that defendant[s] had a duty to disclose the omitted fact[s] arising out of a relationship of trust.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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.