Opinion
22-CR-31
01-30-2023
UNITED STATES OF AMERICA, Plaintiff, v. CHAD M. SCHAMPERS, Defendant.
JURY INSTRUCTIONS
18 U.S.C. § 1343 WIRE FRAUD-ELEMENTS
The indictment charges the defendant, Chad M. Schampers, with one count of wire fraud. In order for you to find Mr. Schampers guilty of this charge, the government must prove each of the following elements beyond a reasonable doubt:
1. That Mr. Schampers knowingly devised, participated in, and carried out a scheme to defraud, as described in Count One; and
2. That Mr. Schampers did so with the intent to defraud; and
3. The scheme to defraud involved a materially false or fraudulent pretense, representation, or promise; and
4. That for the purpose of carrying out the scheme or attempting to do so, Mr. Schampers caused interstate wire communications to take place in the manner charged in Count One.
As to the first element, you are advised that a scheme is a plan or course of action formed with the intent to accomplish some purpose. A “scheme to defraud” is a scheme that is intended to deceive or cheat another and to obtain money or property or cause the potential loss of money or property to another by means of materially false or fraudulent pretenses, representations or promises.
As to the second element, you are advised that a person acts with “intent to defraud” if he acts knowingly with the intent to deceive or cheat in order to cause a gain of money or property to the defendant or another.
As to the third element, you are advised that a scheme to defraud requires the making of a false statement or material misrepresentation, or the concealment of a material fact. In this case, the Indictment alleges that “the defendant falsely claimed that he intended to spend the loan proceeds on payroll, lease and mortgage expenses, interest, and utilities.” To establish this element, the Government must prove beyond a reasonable doubt that Mr. Schampers intentionally made such a statement, either orally or in writing; that at the time he made the statement, he knew it was false; and that the statement was material. A false or fraudulent pretense, representation, promise is “material” if it is capable of influencing the decision of the person to whom it was addressed.
As to the fourth element, you are advised that telephone calls, mobile or cellular telephone calls, facsimiles, e-mails, instant messages, wire transfer of funds, text messages and electronic filing of documents constitute transmission by means of wire communication.
If you find from your consideration of all the evidence that the government has proved each of these elements beyond a reasonable doubt as to Count One, then you should find the defendant guilty of that charge.
If, on the other hand, you find from your consideration of all the evidence that the government has failed to prove any one of these elements beyond a reasonable doubt as to Count One, then you should find the defendant not guilty of that charge.
Authority
United States v. Powell, 576 F.3d 482, 490 (7th Cir. 2009).
Seventh Circuit Pattern Jury Instructions, 18 U.S.C. §§ 1341 & 1343 Mail/Wire Fraud-Elements; Definition of “Scheme to Defraud”; Definition of “Material”; Definition of “Intent to Defraud”; Wire Communication.