The following excerpt is from United States v. Squires, 440 F.2d 859 (2nd Cir. 1971):
12 The case of United States v. Abrams, 427 F.2d 86 (2 Cir.), cert. denied, 400 U.S. 832, 91 S.Ct. 64, 27 L.Ed.2d 63 (1970), cited by the Government, supports our decision in the present case. In Abrams the court stated, with reference to a conviction for making a false statement in an affidavit requesting a stay in immigration proceedings, "the jury could have found from the evidence that appellant acted with reckless disregard of whether the statements made were true and with a conscious purpose to avoid learning the truth." 427 F.2d at 91 (emphasis added). In the instant case the error in the court's instructions lies in the failure to require "conscious avoidance" by Squires both as to what the form said and as to the import of the cited statutes in relation to his certification.
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