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US-CA11 · jury_instructions

11th Cir. Pattern Jury Instr. (Criminal) O114

Fraudulent Receipt of V.A. Benefits

activein force · 2024-04-01 – presentact-effective-date

38 U.S.C. 6102(b)

It’s a federal crime for anyone to get money from the Department of

Veterans Affairs without being entitled to it and with intent to defraud the United

States.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant received money or a check without being entitled to

receive it under the laws administered by the V.A.; and

(2) the Defendant intended to defraud the United States.

To “intend to defraud” means to do something with the specific intent to

deceive or cheat someone or some agency, usually for personal financial gain or to

cause financial loss to someone else. But the Government doesn’t have to prove

that anyone was actually defrauded. It only has to prove that the Defendant

intended to defraud.

The Government doesn’t have to prove the precise amount of the pension

benefits wrongfully received by the Defendant, but it must prove beyond a

reasonable doubt that the Defendant knowingly received some substantial portion

of the benefits.

Provenance

Source
ca11.uscourts.gov
Retrieved
2026-08-20
Edition
criminal-2024-04
Content hash
95f2e34d6959830cabc476fdad327f08b007a908974bfcd8de8260d379bea292
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