11th Cir. Pattern Jury Instr. (Civil) 12.2

FALSE CLAIMS VIOLATIONS

31 U.S.C. § 3729(a)(1)(A)

Plaintiff brings her False Claims Act claim under 31 U.S.C. section

3729(a)(1)(A). Section 3729(a)(1)(A) imposes liability on a defendant who

knowingly presents, or causes to be presented, a false or fraudulent claim for

payment or approval. For you to find Defendant liable under this section, you must

find that Plaintiff proved each of the following elements by a preponderance of the

evidence:

(1) that Defendant [presented] [caused to be presented] a claim for

[payment] [approval] to [name of department or agency];

(2) that such claim was false or fraudulent;

(3) the falsity was material to a decision to pay the claim; and

(4) the Defendant knew that the claim was false or fraudulent.

The fact that [Defendant] [[supplied some service] [supplied some product]]

does not relieve [Defendant] of liability.

The terms “knowing” and “knowingly” (a) mean that a person, with respect

to information, has actual knowledge of the information; acts in deliberate

ignorance of the truth or falsity of the information; or acts in reckless disregard of

the truth or falsity of the information; and (b) require no proof of specific intent to

defraud.

The term “claim” (a) means any request or demand, whether under a

contract or otherwise, for money or property whether or not the United States has

title to the money or property, that – (i) is presented to an officer, employee, or

agent of the United States; or (ii) is made to a contractor, grantee, or other

recipient, if the money or property is to be spent or used on the Government’s

behalf or to advance a Government program or interest, and if the United States

Government provides or has provided any portion of the money or property

requested or demanded; or will reimburse such contractor, grantee, or other

recipient for any portion of the money or property which is requested or demanded;

and (b) does not include requests or demands for money or property that the

Government has paid to an individual as compensation for federal employment or

as an income subsidy with no restrictions on that individual’s use of the money or

property.

The term “material” means having a natural tendency to influence, or be

capable of influencing, the payment or receipt of money or property.