11th Cir. Pattern Jury Instr. (Civil) 12.7

UNLAWFUL SALES OR PLEDGES VIOLATIONS

31 U.S.C. § 3729(a)(1)(F)

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

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

knowingly [buys] [receives] public property as a pledge of [an obligation] [a debt]

from an [[officer] [employee] of the [Government]] [member of the Armed Forces]

who may not lawfully [sell] [pledge] property.

For you to find Defendant liable, you must find that Plaintiff proved each of

the following by a preponderance of the evidence:

(1) that Defendant [bought] [received] public property as a pledge of

[an obligation] [a debt] from an [[officer] [employee] of the

Government]] [member of the Armed Forces];

(2) the [[officer] [employee] of the Government]] [member of the

Armed Forces] could not lawfully [sell] [pledge] property; and

(3) the Defendant knew that [[officer] [employee] of the

Government]] [member of the Armed Forces] could not lawfully [sell]

[pledge] property.

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 “obligation” means an established duty arising from an express or

implied contractual, grantor -grantee, or licensor -licensee relationship, from a fee -

based or similar relationship, from statute or regulation, or from the retention of

any overpayment.