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Understanding the Elements of a False Contract Payment Claim under N.J.S.A. 2C:21-34b, Lecture notes of Negotiation

University of WolverhamptonNegotiation

The elements the state must prove to convict a defendant of making a false material representation in connection with a government contract under new jersey law. Each element in detail, including the definition of a government contract and the meaning of a material representation.

Typology: Lecture notes

2021/2022

Uploaded on 09/27/2022

marcyn
marcyn 🇬🇧

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Approved 9/12/05
Page 1 of 4
FALSE CONTRACT PAYMENT CLAIMS
[KNOWINGLY MAKES FALSE REPRESENTATION]
(N.J.S.A. 2C:21-34b)
Count of the indictment charges the defendant with knowingly making a false
material representation in connection with the negotiation, award or performance of a
government contract.
[READ COUNT OF THE INDICTMENT]
The statute provides in pertinent part:
A person commits a crime if the person knowingly makes a
material representation that is false in connection with the
negotiation, award or performance of a government contract.
In order to convict the defendant of this charge, the State must prove the following
elements beyond a reasonable doubt:
1. That the defendant made a representation;
2. That the representation was false;
3. That defendant knew the representation was false;
4. That the false representation was made in connection with
the negotiation, award or performance of a government
contract;
5. That the false representation was material to the
negotiation, award or performance of a government
contract; and
pf3
pf4

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Download Understanding the Elements of a False Contract Payment Claim under N.J.S.A. 2C:21-34b and more Lecture notes Negotiation in PDF only on Docsity!

Approved 9/12/ FALSE CONTRACT PAYMENT CLAIMS [KNOWINGLY MAKES FALSE REPRESENTATION] (N.J.S.A. 2C:21-34b) Count of the indictment charges the defendant with knowingly making a false material representation in connection with the negotiation, award or performance of a government contract. [READ COUNT OF THE INDICTMENT] The statute provides in pertinent part: A person commits a crime if the person knowingly makes amaterial representation that is false in connection with the negotiation, award or performance of a government contract. In order to convict the defendant of this charge, the State must prove the following elements beyond a reasonable doubt:

  1. That the defendant made a representation;
  2. That the representation was false;
  3. That defendant knew the representation was false;
  4. That the false representation was made in connection with the negotiation, award or performance of a government contract;
  5. That the false representation was material to the negotiation, award or performance of a government contract; and

(N.J.S.A. 2C:21-34b)

  1. That the defendant knew the false representation was material to the negotiation, award or performance of a government contract. The first element that the State must prove beyond a reasonable doubt is that defendant made a representation. The second element that the State must prove beyond a reasonable doubt is that the representation was false. The third element that the State must prove beyond a reasonable doubt is that defendant knew the representation was false. The fourth element that the State must prove beyond a reasonable doubt is that the false representation was made in connection with the negotiation, award or performance of a government^1 contract. The fifth element that the State must prove beyond a reasonable doubt is that the false representation was material to the negotiation, award or performance of a government contract. To be material, the representation must not be trivial or irrelevant. Rather, a representation is material, if when made, a reasonable person would have considered it relevant to his/her concerns and important in determining his/her course of action. In other words, a

(^1) N.J.S.A. 2C:27-1b defines “government” as, “any branch, subdivision or agency of the government of the State or any locality within it.”

(N.J.S.A. 2C:21-34b) acts and conduct and from all he/she said and did at the particular time and place and from all the surrounding circumstances established by the evidence. If you find that the State has failed to prove any of the six elements beyond a reasonable doubt then you must find the defendant not guilty of the crime charged. On the other hand, if you find that the State has proven all six elements beyond a reasonable doubt, then you must find the defendant guilty of the crime of making a material representation that is false in connection with the negotiation, award or performance of a government contract. If you find the defendant guilty beyond a reasonable doubt you must then determine whether the State has proven beyond a reasonable doubt that the claim submitted was for: [CHARGE AS APPLICABLE] $25,000 or above ( ); more than $2,500 but less than $25,000 ( ); $2,500 or less ( ).