Here's a pdf of the Pellicano trial memo - Luke Ford

Case 2:05-cr-01046-DSF Document 1215 Filed 02/28/2008 Page 50 of 129
1 defraud, that is, an intent to deceive or cheat; (3) by exceeding
2 authorized access to the computer, the defendant furthered the
3 intended fraud; and (4) the defendant, by exceeding authorized
4 access to the computer, obtained anything of value. Ninth
5 Circuit Model Criminal Jury Instruction No. 8.81.
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3. Applicable Law
While the definition of “exceeding authorized access”
8 uniformly applies to Sections 1030(a)(4) and (a)(2), the intent
9 needed to commit an offense under these two provisions differs.
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Under Section 1030(a)(4), a defendant must have an intent to
defraud. Under Section 1030(a)(2), the defendant simply must act
with the intent to exceed the defendant’s authority to access the
computer. Ninth Circuit Model Criminal Jury Instruction Nos.
8.78, 8.81, Comment. Moreover, in the context of Section
1030(a)(4), intent to defraud exists when the computer is used to
obtain property of another, which property furthers the intended
fraud. Ninth Circuit Model Criminal Jury Instruction No. 8.81,
Comment.
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G. 18 U.S.C. § 371 (Conspiracy) (counts ninety-five, onehundred-six)
1. Statutory Language
Title 18, United States Code, Section 371, provides, in
pertinent part:
If two or more persons conspire either to commit any offense
against the United States, or to defraud the United States, or
any agency thereof in any manner or for any purpose, and one or
more of such persons do any act to effect the object of the
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