Fill and Sign the Jury Instruction Fraudulent Form

* See Offense Instruction 10, supra, concerning Presentation Of False Declaration Or Certification to the Veterans Administration in violation of 18 USC § 289. 86 Fraudulent Receipt of V . A. Benefits * 38 USC 6102(b) Title 38, United States Code, Sect ion 6102(b), makes it a federal crime or offense for anyone to obtain or receive money from the Veterans Administration without being entitled to it and with intent to defraud the United States. 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 received, under the laws administered by the V.A., money or a check without being entitled to receive it; and Second: That the Defendant received the funds with intent to defraud the United States. To act " with intent to defraud" means to act knowingly and willfully with intent to deceive or cheat, ordinarily for the purpose of causing financial loss to another or bringing about financial gain to one's self. It is not necessary, how ever, to prove that anyone was in fact deceived or defrauded. The evidence need not show the precise amount of the pension benefit s received by the Defendant as alleged in the indictment, but it must be established beyond a reasonable doubt that the Defendant knowingly and willfully received some substantial portion of such benefits as charged. ANNOTATIONS AND COMMENTS 38 USC § 61 02 (b) provides: (b) Whoever obtains or receives any money or check under any of the law s administered by the Secretary without being entitled to it , and with intent to defraud the United States or any beneficiary of the United States, shall be fined in accordance with title 18, or imprisoned not more than one year, or both.