![]() ![]() Proof that the defendant acted with reckless disregard or reckless indifference may therefore satisfy the knowledge requirement, when the defendant makes a false material statement and consciously avoids learning the facts or intends to deceive the government. In appropriate circumstances, the government may establish the defendant's knowledge of falsity by proving that the defendant either knew the statement was false or acted with a conscious purpose to avoid learning the truth. 1015 (1978).Ī defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available. Reckless disregard of whether a statement is true, or a conscious effort to avoid learning the truth, can be construed as acting "knowingly." United States v. The false statement need not be made with an intent to defraud if there is an intent to mislead or to induce belief in its falsity. Knowledge of the criminal statute governing the conduct is not required. See Fifth Circuit Pattern Jury Instructions, § 1.35 (1990). As in other situations, to commit an act "knowingly" is to do so with knowledge or awareness of the facts or situation, and not because of mistake, accident or some other innocent reason. at 214-15.Īs used in the statute, the term "knowingly" requires only that the defendant acted with knowledge of the falsity. The jury may conclude from a plan of elaborate lies and half-truths that defendants deliberately conveyed information they knew to be false to the government. The government may prove that a false statement was made "knowingly and willfully" by offering evidence that defendants acted deliberately and with knowledge that the representation was false. § 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but § 1001 does not require an intent to defraud - that is, the intent to deprive someone of something by means of deceit." United States v. Impact of HHS Privacy Rules on Department Operations Health Care Fraud and Abuse Control Program and Guidelines Sufficiency of the Indictment-Special Considerations Sufficiency of Indictment-Separate Offenses Sufficiency of Indictment-Mailings or Transmissions in Furtherance of Scheme Sufficiency of Indictment-Victims and Loss Drafting a Mail Fraud and/or Wire Fraud Indictment Conspiracy to Violate the Mail Fraud or Wire Fraud Statutes Criminal Penalties for Disclosure of Grand Jury Subpoenas Civil Actions for Mail and Wire Frauds and Use of Grand Jury Information More Severe Sanctions, Including Forfeiture Expanding Uses of the Mail And Wire Fraud Statutes in Prosecutions Lulling Letters, Telegrams and Telephone Calls Use of a Wire Communication in Interstate or Foreign Commerce Use of Private or Commercial Interstate Carriers Use of Mailings and Wires in Furtherance of the Execution of the Scheme Tangible versus Intangible Property Rights Department of Defense Memorandum of Understanding Department Of Agriculture-Food Stamp Violations Policy Statement of the Department of Justice on Its Relationship and Coordination with the Statutory Inspectors General of the Various Departments and Agencies of the United States Provisions for the Handling of Qui Tam Suits Filed Under the False Claims Act Department of Defense Voluntary Disclosure Program Obstructing or Impairing Legitimate Government Activity ![]() Defrauding the Government of Money or Property § 371-Conspiracy to Defraud the United States Multiplicity, Duplicity, Single Document Policy ![]() False Statements to a Federal Investigator Scope of the General Statutes Prohibiting Fraud Against the Government ![]()
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