10.10 Receiving Commissions or Gifts for Procuring Loans (18 U.S.C. § 215(a)(2))

The defendant is charged in [Count ————— of] the indictment with soliciting, demanding, or accepting anything of value in connection with any bank business or transaction in violation of Section 215(a)(2) of Title 18 of the United States Code.  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 was an officer, director, employee, agent, or attorney of a financial institution;

Second, the defendant [solicited] [demanded] [accepted] [agreed to accept] something of value, [specify the thing of value], from any person in return for being [influenced] [rewarded] in connection with any business or transaction of the financial institution; and

Third, the defendant acted corruptly, that is, intending to be influenced or rewarded in connection with any business or transaction of such institution.

Comment

See Comment to Instruction 4.12 (Corruptly); United States v. Lonich, 23 F.4th 881, 902-04 (9th Cir. 2022).