O53.1 Health Care Fraud
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
- O53.1
- Statute
- 18 U.S.C. § 1347
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 384
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 offense only if all the following facts are proved beyond a reasonable doubt:
(1) the Defendant knowingly executed, or attempted to execute, a scheme or artifice to defraud a health-care benefit program, [or to obtain money or property owned by, or under the custody or control of, a health-care benefit program] by using false or fraudulent pretenses, representations, or promises;
(2) the health care benefit program affected interstate commerce;
(3) the false or fraudulent pretenses, representations, or promises related to a material fact;
(4) the Defendant acted willfully and intended to defraud; and
(5) the Defendant did so in connection with the delivery of or payment for health-care benefits, items, or services.
Related practice page
Fraud & Financial Crimes Defense in Miami · Health Care Fraud Defense in Miami · Medicaid Fraud Defense in Miami
Official source: Official PDF, page 384
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.