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Criminal Jury Instructions

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4.2-1  False Statement on a Certified Payroll -- 53a-157a

Revised to November 6, 2014

Note: This instruction is for crimes committed on or after October 1, 2013.  Public Act No. 13-144, 1, renamed the offense, though the elements remained the same.  For the earlier instruction, see Instruction 4.2-1A in the Archive.   

The defendant is charged [in count ___] with false statement on a certified payroll.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of false statement on a certified payroll when (he/she) intentionally makes a false written statement on a certified payroll for a public works project1 which (he/she) does not believe to be true and which statement is intended to mislead a contracting authority or the labor commissioner in the exercise of (his/her) authority or the fulfillment of (his/her) duties.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - Contract for public works project
The first element is that a contract existed between <insert name of contractor> and <insert name of agency or political subdivision> for <insert specific nature of contract>. 

Element 2 - False statement
The second element is that the defendant intentionally made a false written statement on a certified payroll.

Element 3 - Known to be false
The third element is that the defendant did not believe the statement to be true. 

Element 4 - Intent to mislead
The final element is that the defendant made the statement with the specific intent to mislead a contracting authority or the labor commissioner in the exercise of (his/her) authority or the fulfillment of (his/her) duties.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.> 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) there was a contract between <insert name of contractor> and <insert name of agency or political subdivision> for <insert specific nature of contract>, 2) the defendant intentionally made a false written statement on a certified payroll, 3) the defendant did not believe the statement was true, and 4) the defendant made the statement with the specific intent to mislead a contracting authority or the labor commissioner in the exercise of (his/her) authority or the fulfillment of (his/her) duties.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of false statement on a certified payroll, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 Pursuant to General Statutes 31-53, every employer on a public works project shall submit weekly to the contracting agency a certified payroll indicating, among other things, that the rate of wages paid to each mechanic, laborer or workman and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund, are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such employee to any employee welfare fund are not less than those required by the contract to be paid.  See Electrical Contractors, Inc. v. Tianti, 223 Conn. 573 (1992), for a discussion of General Statutes 31-53.
 


 

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