Fraudulent Government Claims – California Penal Code Section 72

Penal Code Section 72 punishes those individuals who attempt to defraud government institutions by presenting fraudulent claims, bills, or vouchers.¹

Section 72 violations also encompass fraudulent claims presented to the following agents of any government entity:

• any insurer,
• private company,
• corporation,
• mutual association,
• trust fund, or
• interinsurance exchange

Elements of the Offense

To prove a violation under Section 72, the prosecution must prove the following elements beyond a reasonable doubt:

1. The defendant presented a claim, bill or some other demand for payment to a government entity or its agent;

AND

2. The defendant’s claim for payment was made with the specific intent to defraud the government entity.²

Given the specific intent element, it may be a defense if the defendant was not aware that his claim was false.³

Examples of Section 72 Violations

• A doctor tendered Medi-Cal service reports to the State expecting payment for psychological services that were never provided to patients.⁴

Punishment

A person who presents fraudulent government claims may be punished by either a felony or a misdemeanor in the following manner:

1. A felony violation carry a term of local prison (county jail) of up to three years as defined by Penal Code Section 1170(h), and a fine not to exceed $10,000.⁵
2. A misdemeanor violation with up to one year in the county jail, and a fine of up to $1,000;

Commentary

If you are charged with attempting to defraud the government by presenting a false claim or voucher, you should seek the advice of a competent criminal defense attorney immediately. It is strongly recommended that you refrain from giving a statement to law enforcement unless you have first obtained the advice of an experienced criminal attorney. Prosecutors often have difficulty proving a defendant’s specific intent and mental state beyond a reasonable doubt without a statement by the defendant.

Penal Code Section 72 violations should be aggressively defended by examining the totality of the circumstances and quickly conducting a competent investigation.

¹Penal Code § 72.

²People v. Rainville (1974) 39 Cal.App.3d 982, 987.

³People v. Rainville (1974) 39 Cal.App.3d 982, 987

⁴People v. Cobbs (1975) 53 Cal.App.3d 937, 941.

⁵Penal Code § 72.