NCJ Number
178083
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 607-627
Date Published
1999
Length
21 pages
Annotation
The Federal law that makes it a criminal offense to make false statements directly or indirectly to the Federal Government is discussed with respect to the elements of the offense, defenses, sentencing, and recent developments.
Abstract
Section 1001 of Title 18 of the United States Code covers offenses in three broad categories: (1) falsification, concealment, or other cover-up of a material fact by any trick, scheme, or device; (2) the making of any materially false, fictitious, or fraudulent statements or representations; and (3) the making or use of any writing or document with knowledge that such document contains materially false, fictitious, or fraudulent statements. Most prosecutions involve false information given to receive a monetary or proprietary benefit, resist monetary claims by the Federal Government, gain employment or a security clearance, or frustrate lawful regulation. The five elements of the offense are that (1) the defendant made a statement; (2) the statement was false; (3) the statement was material; (4) the statement was made knowingly and willfully; and (5) the statement fell within executive, legislative, or judicial branch jurisdiction. The most noteworthy defenses have historically been the defense involving the exculpatory no and the ambiguity defense. Other defenses, including constitutional defenses, have met with less success. A variety of factors are considered in sentencing. Recent uses of section 1001 have included efforts against the tobacco and health-care industries. Critics of Independent Counsel Kenneth Starr also contend that his previous denials of leaks of information to reporters should be investigated. Footnotes