18 U.S.C. Sec. 152(4) PRESENTING OR USING A FALSE CLAIM — ELEMENTS 138 criminalizes the act of presenting or using a false claim in any matter within the jurisdiction of any department or agency of the United States or in connection with any property or service in any such department or agency. This includes any false or fraudulent claim for payment or approval, any false statement to obtain or increase any payment or benefit, any false statement or representation in any document concerning any property or service, or any conspiracy or attempt to commit such an act. There are two types of 18 U.S.C. Sec. 152(4) PRESENTING OR USING A FALSE CLAIM — ELEMENTS 138: presenting a false claim and using a false claim. Presenting a false claim is when a person knowingly makes, uses, or causes to be made or used, a false or fraudulent claim to any department or agency of the United States. Using a false claim is when a person knowingly uses, or causes to be used, a false record or statement to conceal, avoid, or decrease any obligation to pay or transmit money or property to the United States.
18 U.S.C. Sec. 152(4) PRESENTING OR USING A FALSE CLAIM - ELEMENTS 138
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Common Examples of False Claims Failing to report government overpayments. Misrepresenting costs or records related to performance or quality. Billing for non-FDA approved drugs or devices. Performing unnecessary medical procedures.
18 U.S. Code § 152 - Concealment of assets; false oaths and claims; bribery.
18 U.S.C. § 152 "attempts to cover all the possible methods by which a bankrupt or any other person may attempt to defeat the Bankruptcy Act through an effort to keep assets from being equitably distributed among creditors." Stegeman v.
The False Claims Act defines knowledge broadly to include the following: Actual knowledge. Deliberate ignorance of the truth or falsity of the information. Reckless disregard of the truth or falsity of the information.
§ 152(4) Subsection (4) of Section 152 sets out the offense of filing a false bankruptcy claim. A "claim" is a document filed in a bankruptcy proceeding by a creditor of the debtor.
§ 157 prohibits devising or intending to devise a scheme or artifice to defraud and, for purposes of executing or concealing the scheme either (1) filing a bankruptcy petition; (2) filing a document in a bankruptcy proceeding; or (3) making a false statement, claim, or promise (a) in relationship to a bankruptcy
The False Claims Act proscribes: (1) presenting a false claim; (2) making or using a false record or statement material to a false claim; (3) possessing property or money of the U.S. and delivering less than all of it; (4) delivering a certified receipt with intent to defraud the U.S.; (5) buying public property from a