In a prosecution for making fraudulent claims upon the government in violation of 14 V.I.C. § 843(3), the false token or writing requirement of 14 V.I.C. § 844 does not apply and the People were under no obligation to enter a token or writing into evidence to prove the defendant's false or fraudulent statement or representation to the government. Because the mens rea requirement for a violation of § 843(3) is the making of a false or fraudulent statement or representation knowingly, there was no abuse of discretion by the trial court in giving an instruction on that standard. Defendant waived any argument based on the mention of the word "conspiracy" by eliciting such testimony himself and thus inviting any alleged error. Because he was not charged with or convicted of conspiracy, case law doctrines relating to multiple conspiracies, large and small, are in any event inapplicable. Finally, the People did not commit prosecutorial misconduct involving the admission of certain testimony. The judgment of conviction is affirmed.
Supreme Court Of The Virgin Islands