Point Park University
For one to be considered to have violated 1001 statutory terms he or she should have:
1.” Falsifies, conceals or covers up by any trick, scheme or device a material fact,”( Federal Criminal Laws and Rules,2017)
2.”Makes any false, fictitious or fraudulent statements or representations,”,”( Federal Criminal Laws and Rules,2017)
3.”Makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry”,”( Federal Criminal Laws and Rules,2017)
4. and, for cases arising after the 1996 amendments, the item at issue was material. ,”( Federal Criminal Laws and Rules,2017).
Taking into consideration the four instances we look into the situations around when and why the statement or the statements were made, that is
1. Was the statement made for material gains?
2. Was the act within the jurisdiction of a department or the government of the United States?
3. Did the citizen act knowingly?
For one to be guilty of the false statement charges there must be proof that; at the given time and place, the accused made the given statement to some people or a person or signed a certain document. The document should be proved to be false or rather, contains some false information. The accused person should be fully aware that the statement or the papers he or she signed contained false information. The accused intents of should clearly portray that he or she was after getting some benefits so as to warrant giving the false information.
Examples of the false statement include: someone forging another’s signature in order to get money from the bank. The venue of the false statement is limited to the district in which the event occurred. One will then be prosecuted according to the charges.
If the person is found guilty of the above-stated crimes he or she should be fined under the title or imprisoned for not more than 5 years. In events where situation involves domestic terrorism or international terrorism (which is clearly stated in section 2331), one can be imprisoned to a jail term of not more than 8 years, fined or receive both as a punishment.
This section, however, does not take into consideration statements made by parties representing people in a judicial proceeding, or a parties counsel in a proceeding. In the legislature, it can be considered if the matter involves the administration that issues to do with claims for payment, matters relating to procurement, personnel or employment practices and sometimes support services. In some instances, investigations done on the legislature members by any committee or subcommittee can be considered if false information was given during the investigation. The section has undergone different amendments since the year 1982.
False statements and perjury are in most cases confused. Making false statement differ from perjury this is because the false statement is limited to courts, the false statement widely focuses on instances outside courts. In perjury, materiality is a basic element in proving it (Weinstein, 2013) . The false statement takes a wider perspective.
Lexis Nexis, “Federal Criminal Laws and Rules:2017 Edition
Weinstein, A. (2013). Perjury: The Hiss-Chambers Case. Hoover Press.