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Federal- False Claims against the Government

Statute
18 USC 287. False, fictitious or fraudulent claims

Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly presented to an agency of the United States a false or fraudulent claim against the United States, as charged in the indictment;
  2. That the false or fraudulent aspect of the claim related to a material fact; and
  3. That the Defendant acted willfully and with knowledge of their false and fraudulent nature of the claim.

A claim is “false” or “fraudulent” if it is untrue at the time it is made and is then known to be untrue by the person making it. It is not necessary to show, however, that the Government agency was in fact deceived or misled.

The making of a false or fraudulent claim is not an offense unless the falsity or fraudulent aspect of the claim relates to a “material” fact. A misrepresentation is “material” if it relates to an important fact, as distinguished from some unimportant or trivial detail, and has a natural tendency to influence, or was capable of influencing, the decision of the department or agency in making a determination required to be made.