FALSE
CONTRACT PAYMENT CLAIMS
[KNOWINGLY
SUBMITS FALSE CLAIM]
(N.J.S.A.
2C:21-34a) model jury charge
Count
of the indictment charges the defendant with
knowingly submitting a false contract payment claim to the government.
[READ COUNT OF THE INDICTMENT]
The
statute provides in pertinent part:
A person
commits a crime if the person knowingly submits to the government any claim for
payment for performance of a government contract knowing such claim to be
false, fictitious, or fraudulent.
In
order to convict the defendant of this charge, the State must prove the
following elements beyond a reasonable doubt:
1.
That the defendant knowingly
submitted to the government a claim for payment;
2. That
the claim submitted was for the performance of a government contract;
3.
That the claim submitted for
payment was false, fictitious, or fraudulent; and
4.
That the defendant knew the claim
submitted for payment was false, fictitious, or fraudulent.
The
first element that the State must prove beyond a reasonable doubt is that
defendant knowingly submitted to the government a claim for payment.
A
person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if he/she
is aware that the conduct is of that nature or that such circumstances exist or
the person is aware of a high probability of their existence. A person acts knowingly with respect to a
result of the conduct if he/she
is aware that it is practically certain that the conduct will cause such
result. “Knowing,” “with knowledge,” or
equivalent terms have the same meaning.
Knowledge
is a condition of the mind. It cannot be
seen. It can only be determined by
inference from the defendant’s conduct, words or acts. A state of mind is rarely susceptible of
direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State
produce witnesses to testify that an accused said that he/she
had a certain state of mind when he/she
did a particular thing. It is within
your power to find that such proof has been furnished beyond a reasonable doubt
by inference which may arise from the nature of his/her acts and conduct and from all he/she
said and did at the particular time and place and from all the surrounding
circumstances established by the evidence.
The
second element that the State must prove beyond a reasonable doubt is that the
claim was submitted for the performance of a government[1]
contract.
The
third element that the State must prove beyond a reasonable doubt is that the
claim submitted for payment was false, fictitious, or fraudulent.
The
fourth element that the State must prove beyond a reasonable doubt is that the
defendant knew the claim submitted for payment was false, fictitious, or
fraudulent.
I
have already defined knowingly.
If
you find that the State has failed to prove any of the four elements beyond a
reasonable doubt then you must find the defendant not guilty of the crime
charged.
On
the other hand, if you find that the State has proven all four elements beyond
a reasonable doubt, then you must find the defendant guilty of the crime of
submitting a false claim for payment on a government contract.
If
you find the defendant guilty beyond a reasonable doubt you must then determine
whether the State has proven beyond a reasonable doubt that the claim submitted
was for:
[CHARGE AS APPLICABLE]
$25,000
or above (
);
more than $2,500 but less than
$25,000 ( );
$2,500 or less ( ).
[1] N.J.S.A. 2C:27-1b defines “government”
as, “any branch, subdivision or agency of the government of the State or any
locality within it.”
