What is the test for intent to defraud?

California, United States of America


The following excerpt is from People v. Marghzar, 192 Cal.App.3d 1129, 239 Cal.Rptr. 130 (Cal. App. 1987):

An intent to defraud is an essential element of the offense and it may properly be determined from a consideration of all the circumstances. (People v. Scofield (1971) 17 Cal.App.3d 1018, 1025, 95 Cal.Rptr. 405.) "One who willfully submits a claim, knowing it to be false, [192 Cal.App.3d 1138] necessarily does so with intent to defraud." (Id., at p. 1026, 95 Cal.Rptr. 405.)

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