Conn. Crim. Jury Instr. 4.1-12

The defendant is charged [in count __] with paying a kickback. The statute defining this offense

reads in pertinent part as follows:

a person is guilty of paying a kickback when (he/she) knowingly offers or pays any

benefit, in cash or kind, to any person with intent to influence such person to refer an

individual, or to arrange for the referral of an individual, for the furnishing of any

goods, facilities or services for which a claim for benefits or reimbursement has been

filed with 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 offered or paid any benefit, in cash or kind, to

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.>

“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 (he/she) is interested. It

makes no difference that the beneficiary does not accept or receive the benefit. The crime is

committed if the defendant merely makes the offer to confer such a benefit.

For purposes of this statute, “person” is defined as a human being and, where appropriate, a

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

partnership, a government or a governmental instrumentality.

Element 2 - Intent to influence

The second element is that the defendant specifically intended to influence another person to

refer an individual or to arrange for the referral of an individual for the furnishing of any goods,

facilities or services. “Refer” means to send, direct or recommend and “referral” means the act

of sending, directing or recommending.

1 Goods, facilities or services includes buildings,

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

services.

A person acts “intentionally” with respect to a result when (his/her) conscious objective is to

cause such result. <See Intent: Specific, Instruction 2.3-1.>

Element 3 - Claim filed

The third element is that a claim for benefits or reimbursement for such goods, facilities or

services had been filed with a local, state or federal agency. 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.

Conclusion

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

offered or paid any benefit, in cash or kind, to <insert name of person>, 2) the defendant

intended to influence <insert name of person> to refer an individual or to arrange for the referral

of an individual for the furnishing of any goods, facilities or services, and 3) a claim for benefits

or reimbursement was filed with a local, state or federal agency.

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

of the crime of paying a kickback, 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 General Statutes § 53a-161c (a).