Making false claims against a governmental entity in Muskogee, Oklahoma is the same as lying. It is the same as perpetrating a fraud against that entity. Every state in the U.S., as well as the federal government, have laws which prohibit making false claims against a governmental entity.
In essence, a false claim is any knowing claim or statement that is false and made for the purpose of defrauding another, or conspiring with another to do so.
These cases arise both in the pursuit of payment from governmental programs and the avoidance of payment rightfully owed to governmental programs.
These claims arise in a surprisingly broad array of scenarios, such as: lying on an application for financial assistance; overbilling or false billing of any kind for services either not rendered or goods not delivered to a state office or agency; misrepresenting the quality of goods or services in billing; duplicate or false billing, or misrepresenting costs in reimbursement claims.
Making False Claims Defined
Making false claims against a governmental agency in Oklahoma is defined as making or presenting a false, fictitious or fraudulent claim for payment of public funds upon or against the state of Oklahoma, or any department or agency thereof, knowing such claim to be false, fictitious or fraudulent, or to apply for employment with the state of Oklahoma using a knowingly materially false, fictitious, or fraudulent statement. Okla. Stat. tit. 21 §358.
All the elements of the crime must be proven by the prosecution beyond a reasonable doubt. The elements are:
1. a person making, or presenting, or causing the making or presenting of a;
2. false or fictitious or fraudulent claim for payment of money from the state of Oklahoma or any state agency or department;
3. known by him or her to be false, fictitious, or fraudulent. OUJI-CR 3-35
For purposes of these elements:
“false” means documents which are wholly or partly fabricated or materially altered;
“fictitious” means imaginatively created past facts; and
“fraudulent” means a false suggestion of facts or the suppression of the truth brought about through trick, false appearance, or through any other unfair way in order to cheat.
Punishments Are Stiff
Lying to the state regarding monetary issues under this statute is a felony punishable by a fine as much as $10,000. And you could be sentenced to a prison term to as many as two years.
Lying to the state regarding an employment application is a misdemeanor punishable by a fine as much as $1,000. And you could be sentenced to a jail term to as much as one year. Okla. Stat. tit. 21 §359.
These are not crimes you want to face alone. The penalties are harsh and if you are found guilty, you could face prison. You need the help of an experienced Muskogee criminal defense lawyer.
Free Consultation: Muskogee Defense Attorney
Don’t go it alone. We are here to help you. The capable, experienced Muskogee criminal defense attorneys at the Wirth Law Office will carefully explain the process and alternatives you face, and are willing and able to explore all possible defenses and fight all out for you.
Call an experienced Muskogee criminal offense attorney today at (918) 913-0725, or toll-free at (888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a brief question or message.