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8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services (18 U.S.C. Sec. 1344(1) and 1346)

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services (18 U.S.C. Sec. 1344(1) and 1346) is a federal offense that involves any scheme or artifice to defraud a financial institution or to obtain money or property from a financial institution by means of false or fraudulent pretenses, representations, or promises. This type of fraud includes any scheme whereby the perpetrator intends to deprive the bank of its intangible right of honest services. The two sections of the United States Code (18 U.S.C. Sec. 1344(1) and 1346) that relate to 8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services refer to any scheme or artifice to defraud a financial institution. Some examples of this type of fraud include: • Misrepresentation or false statements made to a bank to obtain a loan or other benefits. • Insider trading or other activities that involve obtaining money or property from a bank through use of confidential information. • Bribing or colluding with a bank employee to obtain money or property from the bank. • Making false claims or misrepresentations to a bank in order to obtain benefits or loans. • Making false claims or misrepresentations to a bank in order to avoid paying back a loan. • Embezzlement or other activities that involve stealing from a bank.

8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services (18 U.S.C. Sec. 1344(1) and 1346) is a federal offense that involves any scheme or artifice to defraud a financial institution or to obtain money or property from a financial institution by means of false or fraudulent pretenses, representations, or promises. This type of fraud includes any scheme whereby the perpetrator intends to deprive the bank of its intangible right of honest services. The two sections of the United States Code (18 U.S.C. Sec. 1344(1) and 1346) that relate to 8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services refer to any scheme or artifice to defraud a financial institution. Some examples of this type of fraud include: • Misrepresentation or false statements made to a bank to obtain a loan or other benefits. • Insider trading or other activities that involve obtaining money or property from a bank through use of confidential information. • Bribing or colluding with a bank employee to obtain money or property from the bank. • Making false claims or misrepresentations to a bank in order to obtain benefits or loans. • Making false claims or misrepresentations to a bank in order to avoid paying back a loan. • Embezzlement or other activities that involve stealing from a bank.

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8.126 Bank Fraud-Scheme to Deprive Bank of Intangible Right of Honest Services (18 U.S.C. Sec. 1344(1) and 1346)