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