10th Cir. Crim. Pattern Jury Instr. 2.18

18 U.S.C. § 287

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 287.

This law makes it a crime to knowingly make, to a person or

officer in civilian or military service of the United States or to a

department or agency of the United States, a false or fraudulent

claim against any department or agency of the United States. [The

[name of department or agency] is a department or agency of the

United States within the meaning of this law] [[Name of person]

is in the civil, military, or naval service of the United States within

the meaning of this law].

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant made or presented to the [name of the

person or officer in military or civilian service of the United States

or the department or agency of the United States] a false or

fraudulent claim against the United States;

Second: the defendant knew that the claim was false or

fraudulent.

It is not necessary to show that the government agency or

department was in fact deceived or misled.

To make a claim, the defendant need not directly submit the

claim to an employee or agency or department of the United

States. It is sufficient if the defendant submits the claim to a third

party knowing that the third party will submit the claim or seek

reimbursement from the United States or a department or agency

thereof. A “claim” is a demand for money, property, credit or

reimbursement.

PATTERN CRIMINAL JURY INSTRUCTIONS

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