Fill and Sign the Jury Instruction False Statement Regarding Federal Workers Compensation Benefits Form

55 False Statement Regarding Federal Workers' Compensation Benefits 18 USC § 1920 Title 18, United States Code, Sect ion 1920, makes it a Federal offense for anyone to knowingly and willfully make a false statement in connection with an application f or, or receipt of, Federal Workers' Compensation Benefits. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly and willfully made a false statement or report to the Department of Labor, Office of Workers' Compensation Programs, as charged; Second: That the false statement or report was made in connection with an application for, or receipt of, Federal Workers' Compensation Benefits; and Third: That the false statement or report related to a material fact. A statement or report is " false" when made if it is untrue, and is then known to be untrue by the person making it. A fact is " material" if it is import ant to any decision to be made by the officers or employees of the Department of Labor, Office of Workers' Compensation Programs, and has the capacity of influencing them in making that decision. It is not necessary, however, for the Government to prove that the Department of Labor, Office of Workers' Compensation Programs was, in fact, influenced or misled. The gist of the offense is an attempt to influence that agency by willfully making a false statement or report concerning a material matter. ANNOTATIONS AND COMMENTS 18 USC § 1920 provides: Whoever knowingly and willfully falsifies, conceals, or covers up a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses a false statement or report knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the application for or receipt of compensation or other benefit, or payment under subchapter I or III of chapter 81 of title 5 [shall be guilty of an offense against the United States]. Maximum Penalty: Five (5) years imprisonment and applicable fine. The materiality instruction is required by United States v. Gaudin, U.S., 115 S.Ct. 2310, 132 L.Ed.444 (1995).