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Federal Deception Law: NEW HAMPSHIRE

N.H. Rev. Stat. Ann. §§ 167:61-b to 167:61-e (Medicaid Fraud and False Claims)

Claims covered by the statute: Include false statements regarding a claim for payment presented to department officer, employee, grantee or contractor, conspiracy to commit a violation, failure to return public property or money, knowing concealment or knowing and improper avoidance of an obligation to pay or transmit property to state or political subdivision, and inadvertently submitting a false claim and failing to disclose the false claim after discovery. § 167:61-b.

Federal Deception Law: NEW JERSEY

N.J. Stat. Ann. §§ 2A:32C-1 to 2A:32C-18 (West) (False Claims Act)

Claims covered by the statute: Include false statements regarding a claim for payment presented to state or to grantee, contractor or other recipient of state funds, conspiracy to commit a violation, failure to return public property or money, knowing purchase of public property from person who lawfully may not sell the property, and knowing concealment or avoidance of an obligation to pay or transmit property to state. § 2A:32C-3.

Federal Deception Law: NORTH CAROLINA

N.C. Gen. Stat. §§ 1-605 to 1-618 (False Claims Act)

Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to the state or state’s grantee or contractor, failure to return public property or money, knowing purchase of public property from a state officer or employee who lawfully may not sell the property, conspiracy to commit a violation, and knowing concealment or knowing and improper avoidance of an obligation to pay or transmit property to the state. § 1-607(a).

Federal Deception Law: OKLAHOMA

Okla. Stat. tit. 63, §§ 5053 to 5053.7 (Medicaid False Claims Act)

Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to the state or state’s grantee or contractor, failure to return public property or money, knowing purchase of public property from a state officer or employee who lawfully may not sell the property, conspiracy to commit a violation, and knowing concealment or avoidance of an obligation to pay or transmit property to the state. § 5053.1(B).

Federal Deception Law: RHODE ISLAND

R.I. Gen. Laws §§ 9-1.1-1 to 9-1.1-9 (False Claims Act)

Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to the state or to contractor or grantee, failure to return public property or money, knowing purchase of public property from a state officer or employee or member of the state National Guard who lawfully may not sell the property, conspiracy to commit a violation, and knowing concealment or knowing and improper avoidance of an obligation to pay or transmit property to the state. § 9-1.1-3(a).

Federal Deception Law: TEXAS

Tex. Hum. Res. Code Ann. §§ 36.001 to 36.117 (West) (Medicaid Fraud Prevention Act). See also Tex. Hum. Res. Code Ann. § 32.039 (West).

Federal Deception Law: VIRGINIA

Va. Code Ann. §§ 8.01-216.1 to 8.01-216.9 (Fraud Against Taxpayers Act)

Claims covered by the statute: Include knowingly false statements regarding a claim for payment presented to the commonwealth or commonwealth’s grantee or contractor, conspiracy to commit such a violation, failure to return public property or money, knowing purchase of public property from officer or employee of commonwealth who lawfully may not sell the property, and knowing concealment or avoidance of an obligation to pay or transmit property to the commonwealth. § 8.01-216.3(A).

Truth in Lending: Introduction

The following are sample jury instructions for demonstration purposes only. They must be adapted by a competent professional to meet the circumstances of a given case and the requirements of local rules and practice. Attorneys should cite case law or other authority from their jurisdictions where possible to support the points made in these instructions. The court cases cited are only representative; they are not exhaustive. These samples are based on actual instructions used in TILA cases by several consumer attorneys.1

Truth in Lending: G.1 General TILA Instructions

Plaintiff’s Jury Instruction No. ______

(Purposes of TILA)

The Truth in Lending Act is a federal law passed to provide consumers with important information about the terms of loans so they can better understand the costs of borrowing. The Act provides additional protections for consumers who are borrowing money against their homes (principal dwelling). The requirements of the Truth in Lending Act can be technical but Congress intended that this law be strictly enforced to protect homeowners from the loss of their homes.

Truth in Lending: G.2 TILA Disclosure Instructions

Plaintiff’s Jury Instruction No. ______

(TILA Disclosure Requirements)

Defendant is a “creditor” within the meaning of the Truth in Lending Act and the Plaintiff is a “consumer” in the eyes of the law.

First, this law requires that the creditor make certain “cost of credit” disclosures to the consumer before consummation of the transaction, in other words, before the consumer becomes obligated under the contract.

Truth in Lending: G.4 HOEPA Instructions

Plaintiff’s Jury Instruction No. ______

(HOEPA’s Purposes and Protections)

The Home Ownership and Equity Protection Act is a federal law passed by Congress that creates extra protections for homeowners whose loans are high cost. This law is often called HOEPA and is a part of the Truth in Lending Act.

Truth in Lending: 13.1.1 Summary of Consumer Leasing Act Requirements

The Consumer Leasing Act (CLA) and Regulation M specify approximately thirty terms that must be disclosed to lessees, and require that charges on default or early termination be reasonable. Failure to comply with any disclosure requirement or the reasonableness requirement can lead to a statutory damages award plus actual damages and attorney fees. There are also a number of CLA lease advertising requirements, with private remedies if the consumer is damaged.

Truth in Lending: 13.5.4.4 Manufacturer “Supported” Residual Values

A special issue arises when a manufacturer “supports” an inflated residual by agreeing to subsidize the lessor because the vehicle at lease end will be worth less than the inflated residual. A lessor can use the inflated residual to lower the amount the lessor loses to depreciation over the lease term, allowing the lessor to reduce monthly lease payments (if it keeps rent charges the same). This can result in more of the manufacturer’s vehicles being sold.

Automobile Fraud: 7.7.6 Recordkeeping Requirements

Dealer licensing statutes also commonly include recordkeeping requirements designed to thwart fraud.325 These requirements vary from state to state, but may include information about the previous owner, the date of purchase, and the vehicle identification number for each vehicle the dealer buys; a description of each vehicle; a description of the body or chassis of used vehicles sold and any vehicle disassembled or altered; the sale price; the name and address of the purchaser; and copies of the title, the warranty, and other documents.

Automobile Fraud: 7.8.2 Disclosure and Title-Branding Requirements

A number of statutes require automobile auctioneers to disclose substantial background information regarding vehicles.333 Maine requires the most disclosure, including the vehicle make, model, and identification or serial numbers; odometer reading; name and address of the previous owner, including the principal use of the vehicle; the means by which the prior owner acquired the vehicle; all known mechanical defects; the extent of any damage, such as by fire, water, or collision; whether implied warranties are excluded or modified; whether t