THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Claims And Services In Matters Affecting Government: False, Fictitious Or Fraudulent Claims (18 USC 287)
1. Government Must Prove Defendant Had Knowledge That The Alleged False Statement Was In Fact False
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Government Must Prove Defendant Had Knowledge That The Alleged False Statement Was In Fact False
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
One of the elements which the government must prove beyond a reasonable doubt is that the defendant had knowledge that the alleged false statement was in fact false.
An act is not done unlawfully or with knowledge of its false character if it is done by mistake, carelessness, or other innocent reason.
It is not necessary, however, that the government prove that the defendant had exact knowledge of the relevant criminal provisions governing its conduct. You need only find that the defendant acted with knowledge that the statement was false and with a consciousness that (his/her) false statement was in violation of the law.
AUTHORITIES:
United States v. Precision Medical Laboratory, Inc., 593 F.2d 434 (2d Cir. 1978); United States v. Maher, 582 F.2d 842 (4th Cir. 1978); Johnson v. United States, 410 F.2d 38 (8th Cir.), cert. denied, 396 U.S. 822 (1969); United States v. Weatherspoon, 581 F.2d 595, 601 (7th Cir. 1978).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Elements: Knowledge.
See also THE SHELLOW COLLECTION: Circumstantial Evidence: False Statements.
See also THE SHELLOW COLLECTION: Perjury: Defendant Must Know That Statement Was False; Mistaken Or Inadvertent Falsity Insufficient.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
See NCJIC Chapter 47: Knowledge.
See NCJIC Chapter 256: Mitigation Of Culpability By Mental Psychological, Medical And/Or Physical Impairment Of The Defendant.
See NCJIC Federal Model Instructions by Offense: 18 USC 287: False Claims Against The Government.