UJI 14-4403. Failure to retain records; rates.

For you to find the defendant guilty of failure to retain records as charged in Count ____, the State must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant received payment for treatment, services or goods under the program. 2. The defendant [intentionally failed to retain records1 for a period of at least five years from the date payment was received] [knowingly destroyed or caused those records t o be destroyed within the five years from the date payment was received]2. 3. The records not retained were used in whole or in part to determine a rate of payment under the program. 4. This happened in New Mexico on or about the __________ day of ______________, __________.3