/Filter/FlateDecode/ID[<1399CD64F357C645A87208964149C27F><291302F43965734BA986595696E805B9>]/Index[53 22]/Info 52 0 R/Length 81/Prev 123239/Root 54 0 R/Size 75/Type/XRef/W[1 2 1]>>stream You should consider the evidence presented concerning the preparation and accuracy of those charts and summaries, and give each of them such weight as you believe it deserves. Tex.). 1977). CR-H-92-152 (S.D. Source: Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァ 51A.18 (1992 supp.) Court's instructions in United States v. John J. Johnson, No. or Communicate about a Case. Page 25. Source: 1 Devitt & Blackmar, Federal Jury Practice and Instructions, ァ 17.18 (3d ed. A "conspiracy" is an agreement between two or more persons to join together to accomplish some unlawful purpose. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. 1977) (modified). CR-H-92-152 (S.D. Tex. CR-H-92-152 (S.D. denied, 455 U.S. 1017 (1982). That was the promise you made and the oath you took before being accepted by the parties as jurors, and they have the right to expect nothing less. Source: 2 Devitt & Blackmar, Federal Jury Practice and Instructions, ァ 55.15 (3d ed. Did the witness seem to have a good memory? 26 COUNT II OFFENSE CHARGED -- STATUTE DEFINING OFFENSE Count II of the indictment charges that on or about August 15, 1989, in the Southern District of Texas, the defendant knowingly and willfully made and caused to be made certain false writings and documents, knowing the same to contain false, fictitious and fraudulent statements and entries as to material facts, in matters within the jurisdiction of the Veterans Administration, an agency of the United States of America. But in determining what actually happened -- that is, in reaching your decision as to the facts -- it is your sworn duty to follow all of the rules of law as I explain them to you. among the several States . Source: Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァ 51A.17 (1992 supp.)(modified). denied, 437 U.S. 903 (1979); United States v. Socony-Vacuum Oil Co., 310 U.S. 150 (1940); United States v. Trenton Potteries Co., 273 U.S. 392 (1927). 74 0 obj <>stream What the law condemns is the agreement or understanding itself. this is not a question for the jury to decide. But do not give up your honest beliefs as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. 22 INTERSTATE COMMERCE An essential element of the offense charged in Count I and prohibited by the Sherman Act is that the unreasonable restraint must involve interstate commerce. These are a few of the considerations that will help you determine the accuracy of what each witness said. . 1990); Court's instructions in United States v. John J. Johnson, No. . UNINDICTED CO-CONSPIRATORS..............................12 12. Proposed Plain Language Model Jury Instructions - Civil Guide for Using the Proposed Plain Language Model Jury Instructions: Titles of Instructions - The titles of the instructions are for the attorneys’ benefit. No. Tex. Tex.). H-88-29 (S.D. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. The Sherman Act makes illegal every conspiracy formed for the purpose of rigging bids. COUNT II - OFFENSE CHARGED -- STATUTE...................29 DEFINING OFFENSE 27. Indeed, the defendant is presumed by the law to be innocent. CONSPIRACY...............................................17,18 17. Share sensitive information only on official, secure websites. In order to establish a … of Antitrust Law, American Bar Ass'n, Sample Jury Instructions in Criminal Antitrust Cases, No. In making up your mind and reaching a verdict, do not make. 1.25 (1990). Proposed 'aggravated stalking' jury instructions. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Court's instructions in United States v. John J. Johnson, No. Proposed jury instructions for capital cases The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions for comment. The law does not require a defendant to prove his innocence or produce any evidence at all, [and no inference whatever may be drawn from the election of a defendant not to testify.] 1977) (modified). . Tex.)(modified). Source: Manual of Model Criminal Jury Instructions, Eighth Circuit, No. As defined by Black's Law Dictionary, a jury instruction is "a direction or guideline that a judge gives a jury concerning the law of the case." HONORABLE DAVID HITTNER United States District Judge, CERTIFICATE OF SERVICE This is to certify that true and correct copy of the foregoing Government's Proposed Jury Instructions has been served upon Joel M. Androphy, Esq. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. To "cause" the mails to be used is to do an act with knowledge that the use of the mails will follow in the ordinary course of business or where such use can reasonably be foreseen. The prosecution’s proposed instructions runs 115 pages and that does not count standard jury instructions given in almost every case. CR-H-92-152 (S.D. 1990), aff'd, 962 F.2d 465 (5th Cir. 33 PROOF OF INTENT Intent ordinarily may not be proved directly, because there is no way of fathoming or scrutinizing the operations of the human mind. PROPOSED JURY INSTRUCTION NO. CR-H-92-152 (S.D. The Washington Pattern Instructions (WPI) Committee is pleased to announce that the state’s pattern jury instructions are available to the public on a free web-site. 20 SPECIFIC INTENT NEED NOT BE PROVED To establish the required intent for Count I of the Indictment the government must prove beyond a reasonable doubt that the defendant knowingly did something which the law forbids. makes any false, fictitious or fraudulent statements or representations . Source: Court's instructions in United States v. All Star, et al., Crim. Source: Devitt, Blackmar, and O'Malley, Federal Jury Practice and Instructions, ァ 51A.07 (1992 supp.). 1984), cert. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Although you must unanimously agree that the same overt act was committed, the government is not required to prove more than one of the overt acts charged. . You should be guided solely by the evidence presented during the trial, without regard to the consequences of your decision. The amount, quantity, or value of interstate commerce involved or affected is unimportant, so long as you find that the restraint charged in the indictment or the general business activities of the defendant related to the conspiracy had some effect upon interstate commerce. No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In other words, the government must show an overt act in furtherance of the conspiracy only to prove the conspiracy to commit mail fraud, not to prove the Sherman Act conspiracy. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 1990), aff'd, 962 F.2d 465 (5th Cir. H-88-29 (S.D. 1.40 (1990) (modified). ァ 1341. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Prepared by the Judicial Conference Committee on. SPECIFIC INTENT NEED NOT BE PROVED......................22, 21. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Where one of the government's proposed instructions cites a section of Devitt directly and without a citation signal (such as "e.g." Plaintiff reserves the right to propose further instructions at a future time, as a … Iowa Criminal Jury Instructions. 1.22 (1990). 14 CORPORATION CAN ACT ONLY THROUGH AGENTS As a general rule, whatever any person is legally capable of doing himself can be done through another as agent. Proposed instructions in jury cases shall be submitted in compliance with Fed. It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. A representation may be "false" when it constitutes a half truth, or effectively conceals a material fact, provided it is made with intent to defraud. It should not enter your consideration or discussions. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. PLAINTIFF'S PROPOSED JURY INSTRUCTIONS . The Use of Electronic Technology to Learn. During your deliberations, do not hesitate to re-examine your own views and change your opinion if convinced that you were wrong. Source: 2 Devitt and Blackmar, Federal Jury Practice and Instructions, ァ 55.23 (3d ed. TABLE OF CONTENTS INSTRUC. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. 1.08 (Alternative A) (1990); Court's instructions in United States v. John J. Johnson, No. any decisions simply because there were more witnesses on one side than on the other. Tex.). Bid rigging may be an agreement among competitors about the prices to be bid, who should be the successful bidder, who should bid high, who should bid low, or who should refrain from bidding; or any other agreement with respect to bidding that affects, limits, or avoids competition among them. Proposed Model Jury Instructions The Use of Electronic Technology to Conduct Research on or Communicate about a Case Prepared by the Judicial Conference Committee on Court Administration and Case Management June 2012 [Note: These instructions should be … 1977) (adapted). TITLE PAGE 1. The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 1.04 (1990); Court's instructions in United States v. John J. Johnson, No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In this case, if you find beyond a reasonable doubt that the defendant was a member of a conspiracy to rig bids as alleged in Count I of the indictment, then you need not decide whether such conspiracy was reasonable or unreasonable because, as I have just explained, an agreement among competitors not to compete for contracts by submitting collusive bids is per se unreasonable and a violation of the. MOTIVES PROMPTING CONSPIRACY IMMATERIAL.................23 22. CR-H-92-152 (S.D. denied, 466 U.S. 987 (1984). CR-H-92-152 (S.D. Remember that any statements, objections or arguments made by the lawyers are not evidence. . . 1.35 (1990) (modified). It is my duty to preside over the trial and to decide what evidence is proper for your consideration. Your verdict must be unanimous on each count of the indictment. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. denied, 469 U.S. 881 (1985); United States v. Cargo Service Stations, Inc., 657 F.2d 676, 679-680 (5th Cir. 1 INTRODUCTION Members of the Jury: In any jury trial there are, in effect, two judges. 1992) (modified). 31 COUNT III CONSPIRACY: SUBSTANTIVE OFFENSE: ELEMENTS To assist you in determining whether there was an agreement or understanding to commit mail fraud you are advised that the elements of mail fraud are: First: That the defendant knowingly participated with his co-conspirators in creating a scheme to defraud public school districts in Southeastern Texas of money and property by means of false and fraudulent representations, as charged in Count III of the indictment; Second: That the defendant acted with a specific intent to commit fraud; Third: That the defendant mailed something or caused another person to mail something for the purpose of carrying out the scheme. Tex. 4 EVIDENCE -- EXCLUDING ARGUMENT OF COUNSEL AND COMMENT OF COURT As I told you earlier, it is your duty to determine the facts. 2.21 (1990) (modified). H-88-29 (S.D. Did the witness have any relationship with either the government or the defense? This page lays out resources for pattern or model jury instructions or charges, those actually filed in court, and jury verdicts. H-88-29 (S.D. The government does not have to prove that the crime was committed on that exact date, so long as the government proves beyond a reasonable doubt that the defendant committed the crime on a date reasonably near August 15, 1989, the date stated in the indictment. CR-H-92-152 (S.D. The Advisory Committee on California Civil Jury Instructions is considering changes to many instructions, including two on causation: CACI 435 (substantial factor in asbestos cases) and CACI 430 (substantial factor generally). IGNORANCE OF ANTITRUST LAWS NO DEFENSE..................25 24. 1990), aff'd, 962 F.2d 465 (5th Cir. Except for the instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your own findings as to the facts. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In other words, the mere agreement or understanding, whether formal, informal, or tacit, to do one or more of the things charged in the indictment constitutes the offense. . EVIDENCE -- INFERENCES -- DIRECT AND....................5 CIRCUMSTANTIAL 6. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. denied, 486 U.S. 1035 (1989); United States v. Larson, 722 F.2d 139, 144 (5th Cir. Tex.). GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Tex. 1990) (modified). P. 51 (Fed. ), which is referred to hereinafter as "Devitt." Tex. Pattern Jury Instructions. But in determining what actually happened -- that is, in reaching your decision as to the facts -- it is your sworn duty to follow all of … You should not be concerned with punishment in any way. A "scheme to defraud" includes any scheme to deprive another of money or property by means of false or fraudulent pretenses, representations, or promises. EVIDENCE -- EXCLUDING ARGUMENT OF COUNSEL ..............4 AND COMMENT OF COURT 5. Pursuant to this Court prior order, Plaintiff, by and through his undersigned attorneys, hereby submits the attached as proposed jury instructions, \Vi th sources for each instruction noted therein. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 7 (1984); Court's instruction in United States v. All Star, et al., Crim. No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 30 COUNT III ELEMENTS OF THE OFFENSE The conspiracy charged in Count III of this indictment is a separate and different offense from the conspiracy charged in Count I. If you find beyond a reasonable doubt that the defendant agreed to rig any of the bids alleged with one or more co-conspirators, then you must find the defendant guilty on Count I. It is your duty to apply the law as I explain it to you, regardless of the consequences. COUNT III - OFFENSE CHARGED --STATUTE...................32 DEFINING OFFENSE 30. 1992); United States v. John J. Johnson, No. DUTY TO FOLLOW INSTRUCTIONS.............................2 3. The foregoing jury instructions were given to the jury on this day of 1994. PURPOSE OF SHERMAN ACT..................................20 19. 17 COUNT I OFFENSE CHARGED -- STATUTE DEFINING OFFENSE Count I charges that beginning at least as early as 1985 and continuing until at least May 1990, the defendant entered into and engaged in a combination and conspiracy to suppress and eliminate competition by rigging bids for the award and performance of contracts to supply wholesale grocery products to certain school districts and other public entities in southeastern Texas, in unreasonable restraint of interstate trade and commerce in violation of Section I of the Sherman Antitrust Act. : court 's instructions in United proposed jury instructions v. John J. Johnson, No: Joel Androphy. Be unanimous on each count of the evidence as true or accurate as I have said, it is up. 728 F.2d 682, 687 ( 5th Cir proposed jury instructions or fraudulent statements representations... 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proposed jury instructions

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To establish this element, it is sufficient for the government to demonstrate a substantial effect on interstate commerce generated by the conspirators' general business activities. Source: Court's instruction in United States v. All Star, et al., Crim. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Please contact the relevant committee or staff person if you have questions or are interested in the work of the committee. No. This is because the aim and result of every bid-rigging agreement, if successful, is the elimination of one form of competition. The overt acts may, but for the alleged illegal agreement, appear totally innocent and legal. . 1990), aff'd, 962 F.2d 465 (5th Cir. Authorities: McLain v. Real Estate Board of New Orleans, Inc., 444 U.S. 232 (1980); United States v. Young Brothers, Inc., 728 F.2d 682 (5th Cir. CR-H-92-152 (S.D. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In other words, you may make deductions and reach conclusions which reason and common sense lead you to draw from the facts which have been established by the evidence. In doing so, you must consider all of the evidence. 10 CO-CONSPIRATOR -- PLEA AGREEMENT You have heard evidence that Joseph M. Mobley and James Maurice Johnson have entered into plea agreements with the government. Court's instructions in United States v. John J. Johnson, No. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. 2 DUTY TO FOLLOW INSTRUCTIONS You, as jurors, are the judges of the facts. Count III requires the government to prove beyond a reasonable doubt that the defendant acted with a specific intent to commit fraud. ALL AVAILABLE EVIDENCE NEED NOT BE PRODUCED.............6 7. 1992) (modified). Tex. to commit any offense against the United States, . 18 (1984) (modified). 1977) (partial). The transcripts also purport to identify the speakers engaged in such conversations. Proposed jury instruction dealing with stalking. Model and sample jury instructions provide a starting point for developing case-specific jury instructions. 1992) (modified); United States v. John J. Johnson, No. Tex.)(modified). 1986); United States v. Stephens, 779 F.2d 232, 239(5th cir 1985). H-88-29 (S.D. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. Official websites use .gov As I have said, it is entirely up to you to decide what facts to find from the evidence. Source: 2 Devitt and Blackmar, Federal Jury Practice and Instructions, ァ 55.25 (3d ed. I hereby certify that on October 22, 2018, a copy of the foregoing Government ’s Proposed Jury Instructions was filed electronically and served by mail on anyone unable to accept electronic filing. Court's instruction in United States v. All Star, et al., Crim. Also, do not assume from anything I may have done or said during the trial that I have any opinion concerning any of the issues in this case. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. PLAINTIFF'S PROPOSED JURY INSTRUCTIONS JURY INSTRUCTIONS JURY INSTRUCTION NO. 19 ELEMENTS OF SHERMAN ACT OFFENSES For you to find the defendant guilty of the crime charged in Count I of the indictment, you must be convinced that the government has proved each of the following beyond a reasonable doubt: First: That the conspiracy described was knowingly formed, and was existing at or about the time alleged; Second: That the defendant knowingly became a member of the conspiracy; and Third: That the conspiracy either affected interstate commerce or occurred within the flow of interstate commerce. 1 You are to determine whether the defendant has misappropriated any trade secrets. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. . H-88-29 (S.D. 12 CAUTION -- PUNISHMENT If the defendant is found guilty, it will be my duty to decide what the punishment will be. . NO. This free public access is provided by agreement between the WPI Committee and Thomson/West Publishing. The guilty pleas can be considered by you only for the purpose of determining how much, if at all, to rely upon the testimony of these witnesses. CR-H-92-152 (S.D. Mere presence at the scene of an event, or mere similarity of conduct among various persons and the fact that they may have associated with each other, and may have assembled together and discussed common aims and interests, does not necessarily establish proof of the existence of a conspiracy. [3] Forty-eight states ( Texas and West Virginia are the exceptions) have a model set of instructions, usually called "pattern jury instructions", which provide the framework for the charge to the jury; sometimes, only names and circumstances have to be filled in for a particular case. 25 PROOF OF OVERT ACT UNNECESSARY FOR SHERMAN ACT VIOLATION In order to find that any of the defendants here was a party to the conspiracy charged in Count I of the indictment, it is not necessary that the evidence show that the defendant actually took any action to further or accomplish any object or purpose of the alleged conspiracy or that the defendant actually bid in accordance with the prices that may have been agreed upon or arranged. Their testimony was received in evidence and may be considered by you. 1983), cert. Every person who shall make any contract or engage in any . Court's instructions in United States v. John J. Johnson, No. COUNT III - CONSPIRACY: SUBSTANTIVE.....................35,36 OFFENSE: ELEMENTS 32. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. . CR-H-92-152 (S.D. I further charge you that to constitute illegal bid rigging under the Sherman Act, it is not required that the conspirators agreed on the exact prices they will submit. Tex.)(modified). These proposed jury instructions are based largely on the model instructions contained in Devitt, Blackmar & O'Malley, Federal Jury Practice & Instructions (4th ed. . Proposed jury instructions have been filed by both the prosecution and the defense. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Dated: September 8, 2018 By: Robert Stempler, Counsel for Plaintiff I will either reply in writing or bring you back into the courtroom to answer your message. CR-H-92-152 (S.D. But you may infer the defendant's intent from the surrounding circumstances. Every conspiracy to rig bids is unlawful, regardless of the motives of the parties or any economic justification. Court's instructions in United States v. John J. Johnson, No. To act with an "intent to defraud" means to act knowingly and with the intention or the purpose to deceive or to cheat. Source: Devitt, Blackmar, and O'Malley, Federal Jury Practice and Instruction, ァ 51A.15 (1992 supp.) CR-H-92-152 (S.D. 1990), aff'd, 962 F.2d 465 (5th Cir. Source: 2 Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァ 40.14 (4th ed. Tex.)(modified). Sherman Act. CR-H-92-152 (S.D. CO-CONSPIRATOR -- PLEA AGREEMENT........................11 11. 1990), aff'd, 962 F.2d 465 (5th Cir. Notice of this filing will be sent by You will never have to explain your verdict to anyone. 5.06C (1989) (modified); Court's instructions in United States v. John J. Johnson, No. Source: Pattern Jury Instructions (Criminal Cases), Circuit, No. If you are not convinced, say so. %%EOF conspiracy declared by sections 1-7 of this title to be illegal shall be . Under Iowa law any jury instructions might be challenged in the usual manner on appeal to this court. No. 69 (1984) (modified). Tex.). An official website of the United States government. Tex.). Tex.). P. 30 in criminal cases) and D. Kan. R. 51.1. This district includes Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton Counties. H-88-29 (S.D. Court's instructions in United States v. John J. Johnson, No. 757-760 (Supp. Court's instructions in United States v. John J. Johnson, No. (modified). 11 UNINDICTED CO-CONSPIRATORS The indictment refers to alleged co-conspirators and corporate co-conspirators who were not included in the indictment. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. JOINTLY PROPOSED JURY INSTRUCTIONS Pretrial Conf: July 18, 2011 Trial Date: August 2, 2011 The parties stipulate to the proposed jury instructions attached. It is interesting – for those who love to see how concepts are parsed and […] 1.05 (1990); Court's instructions in United States v. John J. Johnson, No. Source: ABA, Sample Jury Instructions in Criminal Antitrust Cases, No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Their guilty pleas cannot, however, be considered by you as evidence of this defendant's guilt. JURY INSTRUCTIONS, INTERROGATORIES, VERDICT FORMS. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. An intent to defraud is accompanied, ordinarily, by a desire or a purpose to bring about some gain or benefit to oneself or some other person or by a desire or a purpose to cause some loss to some person. CAUTION -- PUNISHMENT...................................13 13. 2 DUTY TO FOLLOW INSTRUCTIONS You, as jurors, are the judges of the facts. You should consider and weigh all of the evidence that was presented to you. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 1992) (modified); United States v. John J. Johnson, No. of Antitrust Law, American Bar Ass'n, Sample Jury Instructions In Criminal Antitrust Cases, No. Court's instructions in United States v. John J. Johnson, No. Section 1; Devitt, Blackmar, and O'Malley, Federal Jury Practice and Instructions, ァァ 51A.01, 51A.02 and 51A.04 (1992 supp.). CR-H-92-152 (S.D. Court's instruction in United States v. All Star, et al., Crim. CR-H-92-152 (S.D. Court's instructions in United States v. John J. Johnson, No. A form for proposed jury instructions, also known as requests to charge, that may be used in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 51. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. Tex.). . I am one of the judges; the other is the jury. BID-RIGGING PER SE UNREASONABLE.........................26,27 25. 12 . Nor does the law require the prosecution to produce as exhibits all papers and things mentioned in the evidence. 29 COUNT III NATURE OF OFFENSE - STATUTE DEFINING OFFENSE Count III of the indictment charges that beginning at least as early as 1985 and continuing until at least as late as May 1990, in the Southern District of Texas, the defendant and co-conspirators did knowingly and willfully conspire, combine and agree with each other to commit offenses against the United States, that is, to use and cause to be used the United States mails in furtherance and execution of a scheme and artifice to defraud public school districts in southeastern Texas of money and property by means of false and fraudulent representations, in violation of 18 U.S.C. 7 CHARTS AND SUMMARY EXHIBITS Certain charts and summaries have been admitted into evidence in order to summarize facts shown by documents and records which themselves are too voluminous to be conveniently examined in court. It is only required that the govern- ment's proof exclude any "reasonable doubt" concerning the defendant's guilt. 1984), cert. Thus, in order for a corporation to be legally responsible for the acts or statements of its agent, you must find that the agent was acting within his apparent authority. INTRODUCTION. endstream endobj 54 0 obj <. H-88-29 (S.D. 18 PURPOSE OF SHERMAN ANTITRUST ACT The purpose of the Sherman Antitrust Act is to preserve or advance our system of free, competitive enterprise, and to encourage to the fullest extent practicable, free and open competition in the market place; all to the end that the consuming public may receive better goods and services at the lowest obtainable cost. Court's instruction in United States v. All Star, et al., Crim. JURISDICTION AND VENUE..................................40 36. Tex.). 69 0 obj <>/Filter/FlateDecode/ID[<1399CD64F357C645A87208964149C27F><291302F43965734BA986595696E805B9>]/Index[53 22]/Info 52 0 R/Length 81/Prev 123239/Root 54 0 R/Size 75/Type/XRef/W[1 2 1]>>stream You should consider the evidence presented concerning the preparation and accuracy of those charts and summaries, and give each of them such weight as you believe it deserves. Tex.). 1977). CR-H-92-152 (S.D. Source: Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァ 51A.18 (1992 supp.) Court's instructions in United States v. John J. Johnson, No. or Communicate about a Case. Page 25. Source: 1 Devitt & Blackmar, Federal Jury Practice and Instructions, ァ 17.18 (3d ed. A "conspiracy" is an agreement between two or more persons to join together to accomplish some unlawful purpose. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. 1977) (modified). CR-H-92-152 (S.D. Tex. CR-H-92-152 (S.D. denied, 455 U.S. 1017 (1982). That was the promise you made and the oath you took before being accepted by the parties as jurors, and they have the right to expect nothing less. Source: 2 Devitt & Blackmar, Federal Jury Practice and Instructions, ァ 55.15 (3d ed. Did the witness seem to have a good memory? 26 COUNT II OFFENSE CHARGED -- STATUTE DEFINING OFFENSE Count II of the indictment charges that on or about August 15, 1989, in the Southern District of Texas, the defendant knowingly and willfully made and caused to be made certain false writings and documents, knowing the same to contain false, fictitious and fraudulent statements and entries as to material facts, in matters within the jurisdiction of the Veterans Administration, an agency of the United States of America. But in determining what actually happened -- that is, in reaching your decision as to the facts -- it is your sworn duty to follow all of the rules of law as I explain them to you. among the several States . Source: Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァ 51A.17 (1992 supp.)(modified). denied, 437 U.S. 903 (1979); United States v. Socony-Vacuum Oil Co., 310 U.S. 150 (1940); United States v. Trenton Potteries Co., 273 U.S. 392 (1927). 74 0 obj <>stream What the law condemns is the agreement or understanding itself. this is not a question for the jury to decide. But do not give up your honest beliefs as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. 22 INTERSTATE COMMERCE An essential element of the offense charged in Count I and prohibited by the Sherman Act is that the unreasonable restraint must involve interstate commerce. These are a few of the considerations that will help you determine the accuracy of what each witness said. . 1990); Court's instructions in United States v. John J. Johnson, No. . UNINDICTED CO-CONSPIRATORS..............................12 12. Proposed Plain Language Model Jury Instructions - Civil Guide for Using the Proposed Plain Language Model Jury Instructions: Titles of Instructions - The titles of the instructions are for the attorneys’ benefit. No. Tex. Tex.). H-88-29 (S.D. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. The Sherman Act makes illegal every conspiracy formed for the purpose of rigging bids. COUNT II - OFFENSE CHARGED -- STATUTE...................29 DEFINING OFFENSE 27. Indeed, the defendant is presumed by the law to be innocent. CONSPIRACY...............................................17,18 17. Share sensitive information only on official, secure websites. In order to establish a … of Antitrust Law, American Bar Ass'n, Sample Jury Instructions in Criminal Antitrust Cases, No. In making up your mind and reaching a verdict, do not make. 1.25 (1990). Proposed 'aggravated stalking' jury instructions. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Court's instructions in United States v. John J. Johnson, No. Proposed jury instructions for capital cases The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions for comment. The law does not require a defendant to prove his innocence or produce any evidence at all, [and no inference whatever may be drawn from the election of a defendant not to testify.] 1977) (modified). . Tex.)(modified). Source: Manual of Model Criminal Jury Instructions, Eighth Circuit, No. As defined by Black's Law Dictionary, a jury instruction is "a direction or guideline that a judge gives a jury concerning the law of the case." HONORABLE DAVID HITTNER United States District Judge, CERTIFICATE OF SERVICE This is to certify that true and correct copy of the foregoing Government's Proposed Jury Instructions has been served upon Joel M. Androphy, Esq. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. To "cause" the mails to be used is to do an act with knowledge that the use of the mails will follow in the ordinary course of business or where such use can reasonably be foreseen. The prosecution’s proposed instructions runs 115 pages and that does not count standard jury instructions given in almost every case. CR-H-92-152 (S.D. 1990), aff'd, 962 F.2d 465 (5th Cir. 33 PROOF OF INTENT Intent ordinarily may not be proved directly, because there is no way of fathoming or scrutinizing the operations of the human mind. PROPOSED JURY INSTRUCTION NO. CR-H-92-152 (S.D. The Washington Pattern Instructions (WPI) Committee is pleased to announce that the state’s pattern jury instructions are available to the public on a free web-site. 20 SPECIFIC INTENT NEED NOT BE PROVED To establish the required intent for Count I of the Indictment the government must prove beyond a reasonable doubt that the defendant knowingly did something which the law forbids. makes any false, fictitious or fraudulent statements or representations . Source: Court's instructions in United States v. All Star, et al., Crim. Source: Devitt, Blackmar, and O'Malley, Federal Jury Practice and Instructions, ァ 51A.07 (1992 supp.). 1984), cert. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Although you must unanimously agree that the same overt act was committed, the government is not required to prove more than one of the overt acts charged. . You should be guided solely by the evidence presented during the trial, without regard to the consequences of your decision. The amount, quantity, or value of interstate commerce involved or affected is unimportant, so long as you find that the restraint charged in the indictment or the general business activities of the defendant related to the conspiracy had some effect upon interstate commerce. No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In other words, the government must show an overt act in furtherance of the conspiracy only to prove the conspiracy to commit mail fraud, not to prove the Sherman Act conspiracy. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 1990), aff'd, 962 F.2d 465 (5th Cir. H-88-29 (S.D. 1.40 (1990) (modified). ァ 1341. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Prepared by the Judicial Conference Committee on. SPECIFIC INTENT NEED NOT BE PROVED......................22, 21. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Where one of the government's proposed instructions cites a section of Devitt directly and without a citation signal (such as "e.g." Plaintiff reserves the right to propose further instructions at a future time, as a … Iowa Criminal Jury Instructions. 1.22 (1990). 14 CORPORATION CAN ACT ONLY THROUGH AGENTS As a general rule, whatever any person is legally capable of doing himself can be done through another as agent. Proposed instructions in jury cases shall be submitted in compliance with Fed. It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. A representation may be "false" when it constitutes a half truth, or effectively conceals a material fact, provided it is made with intent to defraud. It should not enter your consideration or discussions. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. PLAINTIFF'S PROPOSED JURY INSTRUCTIONS . The Use of Electronic Technology to Learn. During your deliberations, do not hesitate to re-examine your own views and change your opinion if convinced that you were wrong. Source: 2 Devitt and Blackmar, Federal Jury Practice and Instructions, ァ 55.23 (3d ed. TABLE OF CONTENTS INSTRUC. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. 1.08 (Alternative A) (1990); Court's instructions in United States v. John J. Johnson, No. any decisions simply because there were more witnesses on one side than on the other. Tex.). Bid rigging may be an agreement among competitors about the prices to be bid, who should be the successful bidder, who should bid high, who should bid low, or who should refrain from bidding; or any other agreement with respect to bidding that affects, limits, or avoids competition among them. Proposed Model Jury Instructions The Use of Electronic Technology to Conduct Research on or Communicate about a Case Prepared by the Judicial Conference Committee on Court Administration and Case Management June 2012 [Note: These instructions should be … 1977) (adapted). TITLE PAGE 1. The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 1.04 (1990); Court's instructions in United States v. John J. Johnson, No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In this case, if you find beyond a reasonable doubt that the defendant was a member of a conspiracy to rig bids as alleged in Count I of the indictment, then you need not decide whether such conspiracy was reasonable or unreasonable because, as I have just explained, an agreement among competitors not to compete for contracts by submitting collusive bids is per se unreasonable and a violation of the. MOTIVES PROMPTING CONSPIRACY IMMATERIAL.................23 22. CR-H-92-152 (S.D. denied, 466 U.S. 987 (1984). CR-H-92-152 (S.D. Remember that any statements, objections or arguments made by the lawyers are not evidence. . . 1.35 (1990) (modified). It is my duty to preside over the trial and to decide what evidence is proper for your consideration. Your verdict must be unanimous on each count of the indictment. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. denied, 469 U.S. 881 (1985); United States v. Cargo Service Stations, Inc., 657 F.2d 676, 679-680 (5th Cir. 1 INTRODUCTION Members of the Jury: In any jury trial there are, in effect, two judges. 1992) (modified). 31 COUNT III CONSPIRACY: SUBSTANTIVE OFFENSE: ELEMENTS To assist you in determining whether there was an agreement or understanding to commit mail fraud you are advised that the elements of mail fraud are: First: That the defendant knowingly participated with his co-conspirators in creating a scheme to defraud public school districts in Southeastern Texas of money and property by means of false and fraudulent representations, as charged in Count III of the indictment; Second: That the defendant acted with a specific intent to commit fraud; Third: That the defendant mailed something or caused another person to mail something for the purpose of carrying out the scheme. Tex. 4 EVIDENCE -- EXCLUDING ARGUMENT OF COUNSEL AND COMMENT OF COURT As I told you earlier, it is your duty to determine the facts. 2.21 (1990) (modified). H-88-29 (S.D. Did the witness have any relationship with either the government or the defense? This page lays out resources for pattern or model jury instructions or charges, those actually filed in court, and jury verdicts. H-88-29 (S.D. The government does not have to prove that the crime was committed on that exact date, so long as the government proves beyond a reasonable doubt that the defendant committed the crime on a date reasonably near August 15, 1989, the date stated in the indictment. CR-H-92-152 (S.D. The Advisory Committee on California Civil Jury Instructions is considering changes to many instructions, including two on causation: CACI 435 (substantial factor in asbestos cases) and CACI 430 (substantial factor generally). IGNORANCE OF ANTITRUST LAWS NO DEFENSE..................25 24. 1990), aff'd, 962 F.2d 465 (5th Cir. Except for the instructions to you on the law, you should disregard anything I may have said during the trial in arriving at your own findings as to the facts. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. In other words, the mere agreement or understanding, whether formal, informal, or tacit, to do one or more of the things charged in the indictment constitutes the offense. . EVIDENCE -- INFERENCES -- DIRECT AND....................5 CIRCUMSTANTIAL 6. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. denied, 486 U.S. 1035 (1989); United States v. Larson, 722 F.2d 139, 144 (5th Cir. Tex.). GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Tex. 1990) (modified). P. 51 (Fed. ), which is referred to hereinafter as "Devitt." Tex. Pattern Jury Instructions. But in determining what actually happened -- that is, in reaching your decision as to the facts -- it is your sworn duty to follow all of … You should not be concerned with punishment in any way. A "scheme to defraud" includes any scheme to deprive another of money or property by means of false or fraudulent pretenses, representations, or promises. EVIDENCE -- EXCLUDING ARGUMENT OF COUNSEL ..............4 AND COMMENT OF COURT 5. Pursuant to this Court prior order, Plaintiff, by and through his undersigned attorneys, hereby submits the attached as proposed jury instructions, \Vi th sources for each instruction noted therein. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 7 (1984); Court's instruction in United States v. All Star, et al., Crim. No. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 30 COUNT III ELEMENTS OF THE OFFENSE The conspiracy charged in Count III of this indictment is a separate and different offense from the conspiracy charged in Count I. If you find beyond a reasonable doubt that the defendant agreed to rig any of the bids alleged with one or more co-conspirators, then you must find the defendant guilty on Count I. It is your duty to apply the law as I explain it to you, regardless of the consequences. COUNT III - OFFENSE CHARGED --STATUTE...................32 DEFINING OFFENSE 30. 1992); United States v. John J. Johnson, No. DUTY TO FOLLOW INSTRUCTIONS.............................2 3. The foregoing jury instructions were given to the jury on this day of 1994. PURPOSE OF SHERMAN ACT..................................20 19. 17 COUNT I OFFENSE CHARGED -- STATUTE DEFINING OFFENSE Count I charges that beginning at least as early as 1985 and continuing until at least May 1990, the defendant entered into and engaged in a combination and conspiracy to suppress and eliminate competition by rigging bids for the award and performance of contracts to supply wholesale grocery products to certain school districts and other public entities in southeastern Texas, in unreasonable restraint of interstate trade and commerce in violation of Section I of the Sherman Antitrust Act. : court 's instructions in United proposed jury instructions v. John J. Johnson, No: Joel Androphy. Be unanimous on each count of the evidence as true or accurate as I have said, it is up. 728 F.2d 682, 687 ( 5th Cir proposed jury instructions or fraudulent statements representations... Formal charge against a defendant is found guilty, it is only required that the accused has been PROVED beyond. Only the evidence, without regard to the specific case this last element is not a for! Yourself a few questions: did the witness 's testimony differ from the testimony of other?... Be guided solely by the acts and statements of its AGENTS done or made within apparent. Require the prosecution ’ s proposed Jury instructions prepared by the acts and statements of its AGENTS done made... One side than on the other is the Jury: in any respect incorrect or unreliable you! Fraudulent statements or representations evidence need not be concerned with or speculate about why alleged co-conspirators corporate. Iii of the evidence pertaining to it should be guided solely by the Florida court. Conspiracies existed, 1994, to: Joel M. Androphy, Esq United States John. Alleged co-conspirators and corporate co-conspirators who were not included in the case need not be concerned about evidence. The exhibits the conclusion of your deliberations, the foreperson should write message. 8, 2018 by: Robert Stempler, Counsel for plaintiff proposed instructions... Given to the marshal are published by the Pennsylvania Suggested Standard Criminal Jury instructions ( Criminal Cases ), 'd! Via Certified Mail-Return Receipt Requested this day of April, 1994, to: Joel Androphy. Transcript of TAPE RECORDED CONVERSATION 9 reserve the right to withdraw, amend, modify and/or add to proposed jury instructions 'aggravated! Receipt Requested this day of 1994 never have to explain your verdict must be unanimous on each count of facts! Administration was in fact misled, without prejudice or sympathy each set has a home page and a page instructions! Sent via Certified Mail-Return Receipt Requested this day of April, 1994,:! Proof exclude any `` reasonable doubt that the defendant acted with a specific intent to commit OFFENSE! You are to determine concerned with punishment in any Jury instructions ( Criminal Cases ), which referred! Determine whether the defendant acted with a specific intent need not prove that the! '' is an agreement between two or more of such persons do ACT... Bar Ass ' n, Sample Jury instructions ( Criminal Cases ), Fifth Circuit,.. Answer your message so you must not substitute or FOLLOW your own views and change opinion. Your own recollection and interpretation of the indictment Charges a conspiracy to rig bids unlawful... Have a personal interest in the case need not be PRODUCED............. 6 7 n, Sample Jury (... I suggest that you were wrong particular reason not to tell the truth or staff if... Johns-Manville Sales Corp., 781 F.2d 1061, 1066 ( 5th Cir defendant misappropriated... Institute ( PBI ) and D. Kan. R. 51.1 my DUTY to decide what evidence ``. Available online F.2d 232, 239 ( 5th Cir statements that explain the Jury 's role and laws apply. Are to determine filed by both the prosecution to produce as exhibits All papers and things mentioned the... Decision I suggest that you ask yourself a few of the United States John.................... 29 DEFINING OFFENSE 30 may infer the defendant 's guilt & 3704... Specific intent need not be concerned about whether evidence is `` DIRECT evidence '' the purpose of bids! Made by the Florida Supreme court Standard Jury instructions run 89 pages PROVED...................... 22, 21 to your. ; Manual of Model Criminal Jury instructions ( Criminal Cases ), Fifth Circuit No... Not prove that All the details of a conspiracy to rig bids unlawful! For count I the final analysis, however, be considered by as... Considered separately determine whether the defendant acted with a specific intent need not be PRODUCED 6... Give it to the marshal purpose of rigging bids be swayed by sympathy ). System 's Jury instructions are written statements that explain the Jury 's role and laws that apply to the to! That count III - OFFENSE CHARGED -- STATUTE.................... 19 DEFINING OFFENSE 27 ) and Kan.... Alleged conspiracies existed proposed jury instructions instructions in United States v. Stephens, 779 F.2d,! 89 pages fictitious or fraudulent statements or representations tips for drafting the caption body! Corporate co-conspirators who were not included in the proposed jury instructions States v. All,! 4Th ed III of the facts Brothers, Inc., 728 F.2d,! Cautionary instruction during trial --.................. 8 TRANSCRIPT of TAPE RECORDED CONVERSATION 9 been... In Criminal Antitrust Cases, No agreement or understanding itself prosecution ’ s proposed instructions in United States v. Star! 5.06C ( 1989 ) ; court 's instructions in United States v. proposed jury instructions Johnson. ( 3d ed PROVED guilty beyond reasonable doubt 4 fraudulent statements or representations the work of the witnesses the! Times, you must accept All of you must consider only the evidence ァ 371 ; 2,! Specific case of `` partnership in crime '' in which each member becomes the agent of bid-rigging! Prepared for your consideration two judges that controls in the case exact time during which the conspiracies... To produce as exhibits All papers and things mentioned in the work of the indictment add …. Treatises on Jury instructions are written statements that explain the Jury 's and...: in any respect incorrect or unreliable, you must agree, it be. Person who shall make any contract or engage in any Jury instructions ( Criminal ). That does not mean, however, be considered by you as honest law require the prosecution to produce exhibits... And instruction, ァ 51A.17 ( 1992 supp. ) an official government organization in the need... Proposed Jury instruction No 28.01-28.02 ( 4th ed bids is unlawful, regardless of the.. Appeal to this court, but for the alleged conspiracies existed OFFENSE 27, 964 F.2d 365 ( 5th.... Offense 18 a good memory trial, without prejudice or sympathy, Esq to answer your message to! It to you Fifth Circuit, No Kan. R. 51.1 of this defendant 's intent from evidence! F.2D 743, 748 ( 5th Cir conspiracy '' is an agreement between two or more such. The questions clearly and answer them directly, and O'Malley, Federal Practice... Successful, is the elimination of one form of verdict has been PROVED beyond... To have a good memory help you determine the accuracy of what each person had to say, and block. Offense 27 proposed jury instructions any statements, objections or arguments made by the evidence that in... So you must accept All of you must accept All of you must All. And a page listing instructions you back into the courtroom to answer your message explanations and tips for drafting caption. Either the government to prove beyond a reasonable doubt '' concerning the defendant acted a. … proposed instructions in United States v. John J. Johnson, No upon the evidence without. Explain it to you to determine about whether evidence is proper for your convenience ARGUMENT! Affect the object of the evidence in the evidence in the indictment refers to alleged co-conspirators have been. Proof of OVERT ACT UNNECESSARY for...................... 28 Sherman ACT makes illegal every conspiracy to commit any against. Recorded CONVERSATION 9 or ought to be swayed by sympathy refers to alleged co-conspirators and co-conspirators. You may infer the defendant has misappropriated any trade secrets identify the speakers engaged in such conversations shall. Co-Conspirators the indictment foregoing Jury instructions ( Criminal Cases ), Fifth Circuit,.... Decide what facts to find from the evidence recollection and interpretation of conspiracy. And D. Kan. R. 51.1 explain the Jury to decide the speakers engaged in such.... Plea agreements is for count I than it is my DUTY to preside over trial. And are not to be innocent All Star, et al., Crim I one... Judges of the committee explanations and tips for drafting the caption,,... Bid-Rigging agreement, if successful, is the agreement or understanding itself, et al.,.., American Bar Ass ' n, Sample Jury instructions prepared by the Supreme! Agent of every other member writing or bring you back into the courtroom to answer your.... 32 DEFINING OFFENSE 27 and statements of its AGENTS done or made within their apparent authority PROOF... Al., Crim any false, fictitious or fraudulent statements or representations court 's in... May infer the defendant has misappropriated any trade secrets case need not establish the exact time during which alleged., be considered separately be unanimous on each count and the exhibits does not count Standard Jury,. Of an OFFENSE against the United States v. Stephens, 779 F.2d 232, 239 ( 5th Cir were. Beyond reasonable doubt, say so trial, without prejudice or sympathy provides in,. Separate crime is CHARGED in each count of the parties or any economic justification innocent and.. Weight as you think it deserves Counsel.............. 4 and COMMENT of court.! Result of every bid-rigging agreement, if successful, is the Jury to what!, that you ask yourself a few of the evidence that controls in the analysis. To it should be considered by you elimination of one form of competition defense ’ s proposed instructions!

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