KNOWINGLY-DELIBERATE IGNORANCE

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US-JURY-10THCIR-1-37
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Description

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf

Knowingly-Deliberate Ignorance is a form of cognitive bias where an individual deliberately avoids seeking knowledge or understanding in situations where they could gain further insight. This type of ignorance can take many forms, such as: selective ignorance, where a person deliberately limits their awareness of certain facts or events; willful ignorance, where an individual chooses to remain unaware of certain facts or information due to fear or lack of interest; and, intentional ignorance, where an individual takes steps to remain ignorant of particular facts or events. In all cases, the individual is making a conscious decision to remain in the dark about certain matters. Knowingly-Deliberate Ignorance can be harmful, as it can lead to a lack of understanding and impede decision-making.

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FAQ

(b) For purposes of this section, the terms "knowing" and "knowingly" mean that a person, with respect to information (1) has actual knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of the truth or falsity of the information,

Examples of practices that may violate the False Claims Act if done knowingly and intentionally, include the following: Billing for services not rendered. Knowingly submitting inaccurate claims for services. Taking or giving a kickback for a referral.

(b) For purposes of this section, the terms "knowing" and "knowingly" mean that a person, with respect to information (1) has actual knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of the truth or falsity of the information,

The deliberate ignorance instruction should be given only when evidence has been presented showing the defendant purposely contrived to avoid learning the truth. The defendant must deny knowledge and must engage in conduct which includes deliberate acts to avoid actual knowledge of the operant fact.

§ 3729(b). But proof of specific intent to defraud is not required. Therefore, person who acts in deliberate ignorance or reckless disregard of a false or fraudulent claim can be liable under the False Claims Act.

In a False Claims Act case premised on factual falsity, the falsity involves a claim for payment that misrepresents the goods or services actually provided.

A person acts in ?deliberate ignorance of the truth or falsity of the information? by intentionally avoiding learning whether a particular piece of information is true or false.

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KNOWINGLY-DELIBERATE IGNORANCE