South Carolina Jury Instruction - False Statement To Federal Agency
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FAQ
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
What Must Be Proven? The plaintiff has to show evidence that a material fact was misrepresented in such a way that the plaintiff agreed to a contract he didn't intend to agree to. This fact must have been false when the agreement was formed.
Material Requirements of a False Claim To prove a case, the whistleblower must demonstrate not only that the representation about the claim is false, but also that the representation is material, which usually means related to the government's decision to pay. Simply put the representation has to really matter.
The government may prove that a false statement was made "knowingly and willfully" by offering evidence that defendants acted deliberately and with knowledge that the representation was false.
Testimony from someone who says that the defendant told them that he or she intended to commit the crime, an eyewitness saying that the defendant acted deliberately, or. the defendant's confession that he or she intended to act.
§§ 1001, 1505, 6005, and 28 U.S.C. 1365. This section describes the changes to section 1001. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.