O3 Presenting or Using a False Claim in a Bankruptcy Proceeding
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O3
- Statute
- 18 U.S.C. § 152(4)
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 108
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:
(1) on or about the date charged, a bankruptcy case docketed as Case Number __________ was pending in the United States Bankruptcy Court for the ________ District of _________, and ____________ [doing business as _______________] was the Debtor;
(2) the Defendant [in a personal capacity] [as or through an agent, proxy, or attorney] [presented] [used] a claim against the estate of the Debtor in that bankruptcy proceeding;
(3) a material fact in the claim so [presented] [used] was false; and
(4) the Defendant knowingly and fraudulently [presented] [used] the claim.
Related practice page
Bankruptcy Fraud Charges in Miami
Official source: Official PDF, page 108
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.