Conn. Crim. Jury Instr. 4.1-10

The defendant is charged [in count __] with receiving kickbacks. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of receiving kickbacks when (he/she) knowingly (solicits / accepts /

agrees to accept) any benefit, in cash or in kind, from another person upon an

agreement or understanding that such benefit will influence such person’s conduct in

relation to referring an individual or arranging for the referral of an individual for the

furnishing of any goods, facilities or services to such other person under contract to

provide goods, facilities or services to a local, state or federal agency.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Benefit

The first element is that the defendant knowingly solicited, accepted or agreed to accept any

benefit,1 in cash or in kind, from another person. A person acts “knowingly” with respect to

conduct when (he/she) is aware that (his/her) conduct is of such nature. <See Knowledge,

Instruction 2.3-3.>

For purposes of this statute, “person” means a human being and, where appropriate, a public or

private corporation, a limited liability company, an unincorporated association, a partnership, or

a government or a governmental instrumentality.

“Benefit” means monetary advantage, or anything regarded by the beneficiary as a monetary

advantage, including a benefit to any person or entity in whose welfare the defendant is

interested. It makes no difference that the defendant does not actually receive the benefit. The

crime is committed if the defendant merely agrees to accept such benefit on behalf of

(himself/herself) or another.

Element 2 - Contract

The second element is that the other person had a contract to provide goods, facilities or services

to a local, state or federal agency. Goods, facilities or services include buildings, facilities,

supplies, materials, equipment, contractual services or any other goods, facilities or services. A

local, state or federal agency includes any commission, agency, department, officer, board,

council, institution or other agency of a local, state or federal government.

Element 3 - Intent

The third element is that the defendant (solicited / accepted / agreed to accept) this benefit upon

an agreement or understanding that such benefit would influence the defendant’s conduct in

relation to referring an individual or arranging for the referral of an individual for the furnishing

of any goods, facilities or services to such other person. “Refer” means to send, direct or

recommend and “referral” means the act of sending, directing or recommending.2

It is not necessary that the state prove that there was a formal or express agreement between the

defendant and the other person. It is sufficient to show that the parties knowingly and

intentionally engaged in a mutual plan to influence the defendant’s conduct in relation to

referring an individual or arranging for the referral of an individual for the furnishing of any

goods, facilities or services to such other person. In addition, circumstantial evidence is

sufficient to prove that there was an agreement because agreements or understandings of this

nature are often formed in secret and only rarely can be proven other than by circumstantial

evidence.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly

solicited, accepted or agreed to accept any benefit, in cash or in kind, from <insert name of

person>, 2) <insert name of person> had a contract to provide goods, facilities or services to a

local, state or federal agency, and 3) the defendant (solicited / accepted / agreed to accept) this

benefit upon an agreement or understanding that such benefit would influence the defendant’s

conduct in relation to referring an individual or arranging for the referral of an individual for the

furnishing of any goods, facilities or services to another person.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of receiving kickbacks, then you shall find the defendant guilty. On the other hand,

if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements, you shall then find the defendant not guilty.

1 For purposes of this subsection, “benefit” does not include the forms of remuneration listed in

42 C.F.R. § 1001.952 Medicare and State Health Care Programs. General Statutes § 53a-161c

(a).

2 General Statutes § 53a-161c (a).