Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
penalties |
knowingly |
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Summary:
The two concepts (credibility and knowledge) are not synonymous. They require different considerations. Failure to provide a "credible explanation" does not necessarily establish the kind of guilty mind that must be present to find that a statement was made with knowledge that it was false.
The Board must indicate with some precision the basis upon which it has concluded that the claimant knew that he was making false statements. Merely stating, without more, that claimant has "knowingly" done so is not sufficient. The basis for so concluding should be stated at least briefly.