According to 18 USC Section 1001 it is illegal to knowingly and willfully making any materially fictitious, false, or fraudulent statement or representation in any matter within the jurisdiction of the executive, judicial and legislative branch of the United States.
The government must be able to establish the following elements beyond a reasonable doubt for convicting the defendant under 18 USC 1001.
In the context of 18 USC 1001 a statement, can be either be in writing or oral. The representation or statement is not a requirement to be a legal mandate or be under oath to violate 18 USC Section 1001. It also doesn’t have to receive by the government or made directly to the government.
In the context of 18 USC Section 1001 charge, willfulness means that the defendant intentionally and voluntarily provided facts that were incorrect. Untrue statements or incorrect facts provided result of misunderstanding, confusion, honest mistakes, or faulty recollection don’t rise to the level of willfulness.
Prosecution for a violation of 18 USC Section 1001 requires proof of materiality.
The statement or representation must have a tendency to influence, or be capable of influencing the decision making body to which it is addressed. There is no requirement to prove that the decision maker body was in fact of influence or diversion.
Jurisdictional element means that the government must establish that the false statement or representation is in regard to a matter within the US government’s jurisdiction.
Courts have given broad interpretation to “jurisdiction” in this context to mean any area where the government has power to act or enforce regulations. Jurisdiction includes the healthcare, economy, education, and many other areas.
It is a valid defense if the defendant made a false statement because of an honest mistake, or confusion. A simple misunderstanding can also be a defense.
The defense challenges whether a statement or representation is relevant or important enough for being considered material to a federal matter. A defense also applies when the false statement is not made within the government’s jurisdiction or to a government agent.
The penalties for violation 18 USC Section 1001
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