11th Cir. Pattern Jury Instr. (Civil) 12.8

FALSE STATEMENTS

31 U.S.C. § 3729(a)(1)(G)

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

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

knowingly [makes] [uses] [causes to be made or used] materially false statements

to conceal or decrease an obligation to [pay] [transmit] [money] [property] to the

Government.

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

the following elements by a preponderance of the evidence:

(1) that Defendant [made] [used] [caused to be made or used] a

[record] [statement];

(2) the [record] [statement] was false;

(3) the [record] [statement] was material to an obligation to [pay]

[transmit] [money] [property] to the Government; and

(4) the Defendant knew that the [record] [statement] was false.

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.

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

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