CALCRIM No. 2000

(4)–(7) & (9))

The defendant is charged [in Count] with insurance fraud

committed by fraudulent claim [in violation of Penal Code section

550(a)].

To prove that the defendant is guilty of this crime, the People must

prove that the defendant knowingly committed the following crime[s]

[[or] [aided and abetted] [or] [solicited] [or] [conspired with someone

else] to commit (it/them)]:

<Alternative 1A—presented fraudulent claim>

[1. The defendant (presented/ [or] caused to be presented) a false

or fraudulent claim for payment for a loss or injury;]

<Alternative 1B—presented fraudulent claim for vehicle theft or damage>

[1. The defendant falsely or fraudulently claimed payment for a

loss due to (theft[,]/ [or] destruction[,]/ [or] damage[,]/ [or]

conversion) of (a motor vehicle[,]/ [or] a motor vehicle part[,]/

[or] contents of a motor vehicle);]

<Alternative 1C—writing to be used for fraudulent claim>

[1. The defendant (prepared[,]/ [or] made[,]/ [or] signed or

subscribed) a document with the intent to (present or use it/

[or] allow it to be presented) to support a false or fraudulent

claim;]

<Alternative 1D—made fraudulent claim for health-care benefits>

[1. The defendant (made/ [or] caused to be made) a false or

fraudulent claim for payment of a health-care benefit;]

<Alternative 1E—submitted claim for health-care benefit not used>

[1. The defendant presented a claim for a health-care benefit that

was not used by [or on behalf of] the person named in the

claim;]

<Alternative 1F—presented claim for health-care benefit undercharges>

[1. The defendant claimed payment for undercharges for health -

care benefits for a specific person without presenting for

reconciliation, at that same time, any known overcharges for

benefits for the same person;]

2. The defendant knew that the claim was false or fraudulent;

AND

3. When the defendant did that act, (he/she) intended to defraud.

Someone intends to defraud if he or she intends to deceive another

person either to cause a loss of (money[,]/ [or] goods[,]/ [or] services[,]/

[or] something [else] of value), or to cause damage to, a legal, financial,

or property right.

[For the purpose of this instruction, a person includes (a governmental

agency/a corporation/a business/an association/the body politic).]

[It is not necessary that anyone actually be defrauded or actually suffer

a financial, legal, or property loss as a result of the defendant’s acts.]

A person claims, makes, or presents a claim for payment by requesting

payment under a contract of insurance for (a/an) ((loss/ [or] injury)/

health-care benefit).

[A claim for payment of a health-care benefit includes a claim submitted

by or on behalf of the provider of a workers’ compensation health

benefit defined in the Labor Code.]

[Conversion of property means interfering with someone else’s property,

without authorization or justification, and depriving the owner of use

and possession of the property.]

New January 2006; Revised February 2012, August 2016