THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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False Statement To A Bank (18 USC 1014)

    1.    False Statement To A Bank: Elements

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    False Statement To A Bank: Elements

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    In order to find a defendant guilty of a false representation to a federally-insured bank as charged in Count ____, you must find that the government has proved each of the following five elements beyond a reasonable doubt:

    (1) The defendant made a false statement to a financial institution, namely ________ (name of bank);

    (2) the statement was made for the purpose of influencing the actions of ________ (name of bank);

    (3) the statement was material;

    (4) the defendant made the statement knowingly; and

    (5) ________ (name of bank) was federally insured.

    I remind you again that you must consider each defendant separately. If one of them is guilty on Count ____, that does not suggest that the other also is guilty; neither does the fact that one is not guilty suggest that the other is not guilty on Count _____.

    If the government has proven each of these five elements beyond a reasonable doubt as to a particular defendant, you should find that defendant guilty. If, on the other hand, the government has failed to prove any one or more of these five elements beyond a reasonable doubt, you must find that defendant not guilty.

United States v. Bonnette, 663 F.2d 495, 497 (4th Cir. 1981).

See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.

See NCJIC 34.4 [False Statements].

See NCJIC Federal Model Instructions by Offense: 18 USC 1014: Making A False Statement Or Report.