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False Statements - Federal Criminal Defense Lawyer

Making false statements is a very serious crime. It is defined as "an untrue statement knowingly made with the intent to mislead." BLACK'S LAW DICTIONARY 1445 (8th ed. 2005).

18 U.S.C. § 1001 (2007)

The Crime
It is a violation of section 1001 for a person, to "knowingly and willfully"

• falsify, conceal, or cover up by any trick, scheme, or device a material fact; 18 U.S.C. § 1001(a)(1).
• making any material falst, fictitious, or fraudulent statement or representation; 18 U.S.C. § 1001(a)(2).
• make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. Id. § 1001(a)(3).

The Punishment
The punishment for a violation of section 1001 is

• a fine, imprisonment for not more than 5 years, or both. 18 U.S.C. § 1001(a).

If the offense involves international or domestic terrorism as defined 18 U.S.C. § 2331, the punishment for violating section 1001 is

• a fine, imprisonment for not more than 8 years, or both. 18 U.S.C. § 1001(a).

Exceptions
18 U.S.C. § 1001(a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. 18 U.S.C. § 1001(b).

Furthermore, "[w]ith respect to any matter within the jurisdiction of the legislative branch," 18 U.S.C. § 1001(a) applies only to

• administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; 18 U.S.C. § 1001(c)(1). or
• any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. 18 U.S.C. § 1001(c)(2).

Definitions
"International Terrorism" means activities that

• involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; 18 U.S.C. § 2331(1)(A).
• appear to be intended-
  • to intimidate or coerce a civilian population; Id. § 2331(1)(B)(i).
  • to influence the policy of a government by intimidation or coercion; Id. § 2331(1)(B)(ii). or
  • to affect the conduct of a government by mass destruction, assassination or kidnapping; Id. § 2331(1)(B)(iii). and
    • occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum. 18 U.S.C. 2331(1)(C).

Note: Oddly enough, section 2331 does not define "domestic terrorism," but it is logical to assume that it incorporates 18 U.S.C. §§ 2331(1)(A) & (B) within the territorial borders of the United States.

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