| Federal false statements statute, 18 U.S.C. § | | | | same criminal behavior. Under the double jeopardy |
| 1001, is one of the most widely used tools in | | | | clause of the Fifth Amendment of the |
| federal prosecutors' arsenal. The statute is often | | | | Constitution, a person may not receive multiple |
| the default "charge of choice" because the way it | | | | punishments for the same offense. A multiplicity |
| is drafted, prosecutors enjoy a wide leverage and | | | | argument may be successful in a case where a |
| advantage. | | | | person makes the same false statement many |
| The statute provides: Whoever, in any matter | | | | times and is charged for each separate time. |
| within the jurisdiction of any department or | | | | Another doctrine is Duplicity, which means that an |
| agency of the United States knowingly and wilfully | | | | indictment charges separate offenses in a single |
| falsifies, conceals or covers up by any trick, | | | | count. Section 1001 does not contain specific |
| scheme, or device a material fact, or makes any | | | | defenses. If you are accused of Section 1001 |
| false, fictitious or fraudulent statements or | | | | violation, your best defense would be complicating |
| representations, or makes or uses any false | | | | the government's efforts to prove that each of |
| writing or document knowing the same to contain | | | | the elements of the offense is satisfied. |
| any false, fictitious or fraudulent statement or | | | | Another possible defense could be a good faith |
| entry, shall be fined under this title or imprisoned | | | | argument that would demonstrate that the |
| not more than five years, or both. | | | | defendant did not possess the requisite mind |
| Essentially, the statute includes three separate | | | | frame (though that the statement was true, for |
| crimes: (1) a falsification committed by | | | | example). Obviously, simply taking the positing |
| concealment by means of a trick or scheme; (2) | | | | that the defendant "had good faith" in the |
| a fraudulent statement or representation; or (3) | | | | authenticity of his or her statement is not going |
| the making or using of false writings knowing that | | | | to do the trick. In order to successfully use the |
| they contain a false, fictitious or fraudulent | | | | good faith defense, in most cases defendant will |
| statement or representation. Of these, the | | | | have to offer evidence that he or she relied on |
| second category, making a fraudulent statement, | | | | expert advice or that good faith was based on |
| is the most widely used. In order to convict, the | | | | ''percipient'' information. Relying on expert opinion is |
| government must prove that the defendant: (a) | | | | not a universal remedy, too. Courts have |
| made a statement, (b) that the statement was | | | | addressed this issue and handed down very |
| false; (c) that the defendant knew that the | | | | specific requirements that need to be met for |
| statement was false; (d) that the statement was | | | | this defense to be successfully used. An example |
| relevant to the function of U.S. government, and | | | | of the ''percipient'' information" defense is the case |
| (e) that the false statement was material. | | | | United States v. West 666 F.2d 16 (2d Cir. 1981) |
| Technically speaking, any statement, written or | | | | where the defendant signed his wife's name on |
| oral, that is not true may qualify to be the | | | | loan documents when he reasonably believed that |
| "statement" for the purposes of this statute. | | | | he was authorized by his wife do so. |
| If you have been already indicted, there several | | | | If you are investigated or indicted for false |
| legal arguments that may be raised to attack the | | | | statements statute, 18 U.S.C. § 1001, seek |
| indictment. The first doctrine - Multiplicity - refers | | | | advice of a competent criminal defense attorney |
| to multiple counts of an indictment that cover the | | | | at once. |