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NCJ Number
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 659-684
J A Gambale; J E Richardson
Date Published
26 pages
This article discusses elements of the offense of false statements to the Federal Government under Title 18 section 1001 of the U.S. Code, as well as defenses, enforcement, and sentencing
Section 1001 of Title 18 of the U.S. Code is often used to criminalize false statements made directly or indirectly to the Federal Government. This statute addresses offenses in three general categories: falsification, concealment, or other coverup of a material fact by a trick, scheme, or device; the making of any false, fictitious, or fraudulent statements or representations; and the making or use of any writing or document with knowledge that such document contains false statements. Section 1001 violations may be penalized by a fine of not more than $10,000, imprisonment for not more than 5 years, or both. To convict a defendant for false statements under section 1001, five elements must be proven: the defendant made a statement, the statement was false, the statement was material, the statement was made with specific intent, and there is government-agency jurisdiction. Of the defenses that may be raised in section 1001 prosecutions, the "exculpatory no" and "ambiguity" defenses have apparently had the most success. The statute of limitations defense has also succeeded, as have double jeopardy and immunity claims. 157 footnotes


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