Gianandrea

MEMORANDUM **

Steven F. Gianandrea (“Gianandrea”) appeals his conviction for three counts of bankruptcy fraud relating to his “ownership” of certain real property. The trial involved three separate parcels. Gianan-drea was convicted of concealing his “ownership interest” in one of the properties on his Chapter 11 bankruptcy petition, in violation of 18 U.S.C. § 152 (1), making false statements regarding his “ownership interest” in one or more of the properties on his Chapter 11 Schedules and Statement of Financial Affairs in violation of 18 U.S.C. § 152 (2), and making false statements regarding his “ownership interest” in one or more of the properties at the first meeting of creditors in violation of 18 U.S.C. § 152 (3). He was acquitted of concealing his “ownership interest” in two of the properties on his Chapter 11 bankruptcy petition.

*436 A. Erroneous Jury Instructions on the Good Faith Defense

Although taken in part from the model jury instructions in O’Malley, Grenig, & Lee, Federal Jury Practice and Instructions § 19.06, the court’s instruction regarding Gianandrea’s good faith defense omitted a crucial statement contained in the model instructions and proposed by the…