Difference between “fraudulent or intentionally false” entry in aviation records

1. Two separate but overlapping offenses, one is “fraud, " the other “intentional  falsification.”

2. Fraud has five elements, 

(a) A false representation (b) about a material fact (c) made with knowledge of its falsity (d) and with intent to deceive (e) with action taken in reliance upon the representation. 

3. Intentional falsification is a lesser included offense within fraud and includes first three elements of fraud.

(a) Falsity (b) materiality (c) knowledge.

Therefore, in legal proceedings, especially in aviation cases, the administrator must prove that the person had the knowledge that he/she was making a false statement. However,  keep in mind that the action always arises when the FAA determines that the person made a false statement. It was material, such as the FAA issuing an airmen certificate when it would not have done so but for the false statement.