Wis JI-Criminal 1848

Statutory Definition of the Crime

Unemployment insurance fraud, as defined in § 108.24(1)(a) of the Wisconsin

Statutes, is committed by any person who knowingly makes a false statement or

representation to obtain any benefit payment under Chapter 108, either for himself or

herself or for any other person.

State’s Burden of Proof

Before you may find the defendant guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant obtained a benefit under Chapter 108 for (himself) (herself)

(another person), by making a (statement) (representation).

2. The (statement) (representation) to obtain a benefit under Chapter 108 was false

when made.

3. The defendant knew the (statement) (representation) to obtain a benefit under

Chapter 108 was false when made.

Deciding About Knowledge

You cannot look into a person’s mind to find knowledge. Knowledge must be found,

if found at all, from the defendant’s acts, words, and statements, if any, and from all the

facts and circumstances in this case bearing upon knowledge.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.

ADD THE FOLLOWING IF THE DEFENDANT IS CHARGED WITH

FRAUDULENTLY SECURING MORE THAN $2,500 AND THE EVIDENCE

WOULD SUPPORT THAT FINDING. 1

If you find the defendant guilty, you must also determine beyond a reasonable doubt

the value of any unemployment insurance benefits for which the defendant was not

eligible and insert that amount in the verdict. 2

Determining Value

(“Was the value of any benefit obtained more than $10,000?”

Answer: “yes” or “no.”)

(“Was the value of any benefit obtained more than $5,000?”

Answer “yes” or “no.”)

(“Was the value of any benefit obtained more than $2,500?”

Answer “yes” or “no.”)

Before you answer “yes,” you must be satisfied beyond a reasonable doubt that the

value of any benefit obtained was more than the amount stated in the question.