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8.34 Passing Forged Endorsement on Treasury Check, Bond, or Security of United States

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8.34 PASSING FORGED ENDORSEMENT ON TREASURY CHECK, BOND OR SECURITY OF UNITED STATES (18 U.S.C. § 510(a)(2))

The defendant is charged in [Count _____ of] the indictment with [passing] [uttering] [publishing] [[attempting to [pass] [utter] [publish]] a Treasury [check] [bond] [security] of the United States in violation of Section 510 of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant [passed] [uttered] [published] [[attempted to [pass] [utter] [publish]] a Treasury [check] [bond] [security] of the United States which bore a falsely made or forged [endorsement] [signature]; [and]

Second, the defendant did so with intent to defraud[.] [; and]

[Third, the defendant did something that was a substantial step toward committing the crime.

Mere preparation is not a substantial step toward committing the crime. To constitute a substantial step, a defendant’s act or actions must demonstrate that the crime will take place unless interrupted by independent circumstances.]

Comment

For a definition of "intent to defraud," see Instruction 3.16 (Intent to Defraud—Defined).

For an attempt to commit the crime, jurors do not need to agree unanimously as to which particular act or actions constituted a substantial step toward the commission of the crime. United States v. Hofus, 598 F.3d 1171, 1176 (9th Cir.2010).

An utterance has been described as tantamount to an offer. United States v. Chang, 207 F.3d 1169, 1174 (9th Cir.2000).