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Title 18, U.S.C., Sec. 287, makes it a Federal crime or offense for anyone to knowingly make a false claim against any department or agency of the United States.

A person can be found guilty of the offense of making a false claim against the Government only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly presented to an agency of the United States a false and fraudulent claim against the United States, as charged in the indictment; and

Second: That the person acted willfully and with knowledge of the false and fraudulent nature of his claim.

A claim is 'false' or 'fraudulent' if it is untrue at the time it is made and is then known to be untrue by the person making it. It is not necessary to show, however, that the Government agency was in fact deceived or misled.