THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
False Statements In Department Of Housing And Urban Development And Federal Housing Administration Transactions (18 USC 1010)
1.
Prosecution Must Prove Defendant Had Knowledge That Alleged
False Statement Was
In Fact False
2. False Statement Must
Relate To A Material Fact
3. False Statement Made In
Response To Ambiguous Question
4. Representation Or Entry
Is "False" If Untrue When Made And
Known To Person Making It
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Prosecution Must Prove Defendant Had Knowledge That Alleged False Statement Was In Fact False
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
One of the elements which the government must prove beyond a reasonable doubt is that the defendant had knowledge that the alleged false statement was in fact false.
An act is not done unlawfully or with knowledge of its false character if it is done by mistake, carelessness, or other innocent reason.
It is not necessary, however, that the government prove that the defendant had exact knowledge of the relevant criminal provisions governing its conduct. You need only find that the defendant acted with knowledge that the statement was false and with a consciousness that his false statement was in violation of the law.
AUTHORITIES:
States v. Precision Medical Laboratory, Inc., 593 F.2d 434 (2d Cir. 1978); United States v. Maher, 582 F.2d 842 (4th Cir. 1978); Johnson v. United States, 410 F.2d 38 (8th Cir.), cert. denied, 396 U.S. 822 (1969); United States v. Weatherspoon, 581 F.2d 595, 601 (7th Cir. 1978).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
See NCJIC 95.2.1 [Perjury: Definition Of "Material Matter"].
See NCJIC Federal Model Instructions by Offense: 18 USC 1010: HUD And FHA Transactions.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. False Statement Must Relate To A Material Fact
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
The government charges the defendant with making a false statement. The making of a false statement under the crime charged is not an offense unless the false statement relates to a material fact. I will now explain how you decide whether a particular fact is "material."
A fact is material if a reasonable person would attach importance to the fact in making a decision. A fact is material if it is capable of influencing a person in making a decision regardless of whether it actually has done so.
AUTHORITIES:
United States v. Black, 644 F.2d 445, 447 (5th Cir. 1981); Syverson v. United States, 342 F.2d 780, 781 (8th Cir. 1965), cert. denied, 382 U.S. 961, rehearing denied, 382 U.S. 1021 (1966); Gevinson v. United States, 350 F.2d 761, 763 (5th Cir.), cert. denied, 385 U.S. 823 (1966); Bins v. United States, 331 F.2d 390, 392 (5th Cir.), cert. denied, 379 U.S. 880 (1964); Smith v. United States, 230 F.2d 935, 938 (6th Cir. 1956).
SAMPLE INSTRUCTION # 2:
A material statement of fact is one that has a natural tendency to influence or is capable of influencing an agency decision or could affect or influence the exercise of governmental functions. Proof of actual reliance by the governmental agency is not required. If you do not find that the defendant's statement was material, then it is your duty to acquit.
AUTHORITIES:
United States v. Irwin, 654 F.2d 671 (10th Cir. 1981); United States v. Camer, 654 F.2d 559 (9th Cir. 1981).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
See NCJIC 95.2.1 [Perjury: Definition Of "Material Matter"].
See NCJIC Federal Model Instructions by Offense: 18 USC 1010: HUD And FHA Transactions.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. False Statement Made In Response To Ambiguous Question
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The defendant argues that (his/her) statement, claimed by the government to be false, was made in response to an ambiguous form utilized by the United States Department of Housing and Urban Development. The government cannot show beyond a reasonable doubt that the defendant knew (his/her) statement was false as long as there is a reasonable interpretation of the situation that would make the defendant's statement factually correct. If you believe there is such a reasonable interpretation, you must find the defendant not guilty. If you believe beyond a reasonable doubt there is no such interpretation, you must then decide whether the defendant deliberately made a false statement.
AUTHORITIES:
United States v. Race, 632 F.2d 1114 (4th Cir. 1980); United States v. Anderson, 579 F.2d 455 (8th Cir.), cert. denied, 439 U.S. 980 (1978).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
See NCJIC Federal Model Instructions by Offense: 18 USC 1010: HUD And FHA Transactions.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Representation Or Entry Is "False" If Untrue When Made And Known To Person Making It
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A statement, representation or entry is "false" if untrue when made, and known at that time to be untrue by the person making it or causing it to be made.
AUTHORITIES:
United States v. Milton, 602 F.2d 231 (9th Cir. 1979).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
See NCJIC Federal Model Instructions by Offense: 18 USC 1010: HUD And FHA Transactions.