Does a constructive amendment apply to a counterfeit bond charge?

First, constructive amendment occurs only when the proof or the jury charge modifies "an essential element of the offense charged." United States v. Weiss, 752 F.2d 777, 787 (2d Cir.1985). In this case, however,

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The counterfeit bond statute, 18 U.S.C. Sec. 479, makes it illegal to "knowingly and with intent to defraud, utter[ ], pass[ ], or put[ ] off, in payment or negotiation, any false, forged, or counterfeited [foreign government bond.]" Although section 479 requires proof that the defendant passed counterfeit bonds "knowingly," and that he did so "with intent to defraud," the intent element of the offense is satisfied so long as Mucciante possessed "a general intent that some innocent third party in the chain of distribution be defrauded." United States v. Anzalone, 626 F.2d 239, 244 (2d Cir.1980) (interpreting identical language in 18 U.S.C. Sec. 472).