Federal criminal law (false statements)

Question 0

Judicial proceedings

Answer 0

Section (a) of the act does not apply to a party or that party’s counsel for any statements, representations, writings or documents submitted by them to a judge or magistrate during a judicial proceeding. Thus non parties could be prosecuted for any false statements made during a judicial proceedings, while a party could only be prosecuted for a false submission made to a judicial entity during administrative housekeeping matters.

Question 1

False statements 18 USC 1001

Answer 1

Elements:

• must be related to government
• the defendant
• regards certain federal material
• knowingly and willfully
• made a false material statement
• concealed or covered up a material fact
• made or used documents containing a false material statements

Question 2

Legislative branch matters

Answer 2

Applies to matters within jurisdiction of the legislative brach only if they relate to administrative matters or congressional investigations conducted consistent with applicable congressional rules. Administrative matters include such things as financial disclosure fillings, claims, for payment to the house of finance office and submissions to legislative entities.

Question 3

False materials statements

Answer 3

Can be oral or verbal.

Intent must be deceive or mislead. Intent to defraud is not required for a successful 1001 prosecution.