View source for Making false statements

{{short description|Crime of intentionally lying to a federal investigator in the United States}}
{{redirect|False statements||False statement}}
{{Globalize|article|USA|2name=the United States|date=July 2018|talk=Talk:Making_false_statements#Article_only_deals_with_US}}
'''Making false statements''' ({{Usc|18|1001}}) is the common name for the United States [[federal crime|federal]] [[process crime]] laid out in Section 1001 of [[Title 18 of the United States Code]], which generally prohibits knowingly and willfully making [[wikt:false|false]] or [[fraud]]ulent statements, or concealing information, in "any matter within the [[jurisdiction]]" of the federal government of the United States,<ref>{{cite journal |title=18 U.S. Code 1001 - Statements or entries generally|url=https://www.law.cornell.edu/uscode/text/18/1001}}</ref> even by merely denying guilt when asked by a federal agent.<ref name="Hennessey">Lauren C. Hennessey, [https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7007&context=jclc No Exception for No: Rejection of the Exculpatory No Doctrine], ''Journal of Criminal Law & Criminology'', Vol. 89 (spring 1998).</ref> A number of notable people have been convicted under the section, including [[Martha Stewart]],<ref>{{cite journal |title=Martha Stewart is found guilty of all charges|url=https://online.wsj.com/news/articles/SB107833235519345426|journal=online.wsj.com|date = 7 March 2014}}</ref> [[Rod Blagojevich]],<ref>{{cite journal |title=Blagojevich asks judge to override false statements conviction|url=http://jurist.org/paperchase/2010/09/blagojevich-asks-judge-to-override-false-statements-conviction.php|journal=jurist.org|date = 14 September 2010}}</ref> [[Michael Flynn|Michael T. Flynn]],<ref>{{Cite news|url=https://www.washingtonpost.com/politics/michael-flynn-charged-with-making-false-statement-to-the-fbi/2017/12/01/e03a6c48-d6a2-11e7-9461-ba77d604373d_story.html|title=Michael Flynn pleads guilty to lying to the FBI|last=Leonnig|first=Carol D.|date=2017-12-01|work=Washington Post|access-date=2017-12-01 |last2=Dawsey|first2=Josh|language=en-US|issn=0190-8286|last3=Barrett|first3=Devlin|last4=Zapotosky|first4=Matt}}</ref> [[Rick Gates (political consultant)|Rick Gates]],<ref>{{Cite news|url=https://www.cnbc.com/2018/02/23/former-trump-campaign-official-rick-gates-pleads-guilty-on-two-counts.html|title=Former Trump campaign official Rick Gates pleads guilty to lying and conspiracy against the US|last=Breuninger|first=Kevin|date=2018-02-23|work=CNBC|access-date=2018-02-23}}</ref> [[Scooter Libby]],<ref>{{cite journal |title=Scooter Libby jokes|url=http://politicalhumor.about.com/od/cialeakscandal/a/scooterlibby.htm| journal=politicalhumour.about.com}}</ref> [[Bernard Madoff]],<ref>{{cite journal |title=Madoff criminal charges: summary of the 11 counts against him|url=https://www.bloomberg.com/apps/news?pid=newsarchive&sid=a6Osnj.SoYdM| journal= Bloomberg|date=11 March 2009}}</ref> and [[Jeffrey Skilling]].<ref>{{cite journal |title=Former Enron CEO Jeffrey Skilling resentenced to 168 months on fraud and conspiracy charges|url=https://www.fbi.gov/houston/press-releases/2013/former-enron-ceo-jeffrey-skilling-resentenced-to-168-months-on-fraud-and-conspiracy-charges|journal=www.fbi.gov|date = 21 June 2013}}</ref>

This statute is used in many contexts. Most commonly, prosecutors use this statute to reach cover-up crimes such as [[perjury]], false declarations, and [[obstruction of justice]] and government fraud cases.<ref>{{cite book | last= Strader | first= Kelly J. | title= Understanding White Collar Crime | edition= 2}}</ref>

Its earliest progenitor was the [[False Claims Act]] of 1863. In 1934, the [[element (criminal law)|requirement]] of an [[mens rea|intent]] to defraud was eliminated. This was to prosecute successfully, under the National Industrial Recovery Act of 1933 ([[National Industrial Recovery Act of 1933|NIRA]]), [[Panama Refining Co. v. Ryan|the producers]] of "hot oil", i.e. oil produced in violation of restrictions established by NIRA. In 1935, NIRA was declared unconstitutional by the Supreme Court.

Pursuant to the decision in ''[[United States v. Gaudin]]'', the jury is to decide whether the false statements made were material, since [[materiality (law)|materiality]] is an [[Element (criminal law)|element of the offense]].

==Overview==
The statute spells out this purpose in subsection {{USCSub|18|1001|a}}, which states:

{{quote|(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
:   (1) falsifies, conceals, or covers up by any trick, scheme, or device[ , ] a material fact;
:   (2) makes any materially false, fictitious, or fraudulent statement or representation; or
:   (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331),<ref>{{USC|18|2331}}</ref> imprisoned not more than 8 years, or both....}}

Even constitutionally explicit [[Fifth Amendment to the United States Constitution|Fifth Amendment]] rights do not exonerate affirmative false statements.<ref>''[[United States v. Wong]]'', {{ussc|source=f|431|174|1977|pin=178}}</ref> In the 1998 case ''[[Brogan v. United States]]'', the Supreme Court rejected the "exculpatory no" doctrine that had previously been followed by seven of the [[United States courts of appeals|courts of appeal]], which had held that "the mere denial of wrongdoing" did not fall within the scope of § 1001.<ref name="Brogan">''[[Brogan v. United States]]'', {{ussc|source=f|396|64|1969|pin=72}}</ref><ref name="Hennessey"/> The ''Brogan'' court stated:

{{quote|Our legal system provides methods for challenging the Government's right to ask questions—[[lie|lying]] is not one of them.<ref name="Brogan"/>}}

==Convictions==
A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Scooter Libby, Bernard Madoff, Michael Cohen and Jeffrey Skilling.

Many famous people have been charged under this law, including [[Najibullah Zazi]] (whose lying charge was later dropped after more serious charges were preferred against him),<ref>[http://m.9news.com/news.jsp?key=212691 Kusa-Tv<!-- Bot generated title -->]{{Dead link|date=March 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> [[Ali Saleh Kahlah Al-Marri]], and Martha Stewart. There was also talk of prosecuting [[Tareq Salahi]] and [[Michaele Salahi|Michaele Schon]] under this statute. In the wake of such cases, many observers have concluded that it is best for anyone with the slightest degree of criminal exposure to refrain from submitting to an interview by government agents. Solomon L. Wisenberg suggests simply asking for the agent's [[business card]] and saying, "[M]y attorney will be in contact with you."<ref>[http://library.findlaw.com/2004/May/11/147945.html How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents - FindLaw<!-- Bot generated title -->]</ref> The invocation of counsel cannot be used against a defendant at trial.<ref>{{cite court|litigants=United States v. McDonald|vol=620|reporter=F.2d|opinion=559|pinpoint=561-64|court=5th Cir.|date=1980|url=http://openjurist.org/620/f2d/559}}</ref>

==Jurisdiction==
The jurisdictional element of the crime is defined as the "right to say and the power to act".<ref name="crm916">[[United States Attorneys' Manual]], Title 9, Criminal Resource Manual § [http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00916.htm 916].</ref> It applies to criminal investigations, such as false statements made in response to an inquiry by an FBI or other Federal agent, or made voluntarily to an agent.<ref name="crm916"/>

Courts have affirmed § 1001 convictions for false statements made to private entities receiving federal funds or subject to federal regulation or supervision.<ref>[[United States Attorneys' Manual]], Title 9, Criminal Resource Manual § [http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00906.htm 906].</ref><ref>[[United States Attorneys' Manual]], Title 9, Criminal Resource Manual § [http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00913.htm 913].</ref>

Some courts have recognized an "exculpatory no" exception for simple false denials of guilt in response to government initiated inquiries, while others have rejected it or done neither.<ref name="crm916"/>

==History==
The earliest statutory progenitor of §1001 was the original False Claims Act, adopted as the Act of March 2, 1863, {{USStat|12|696}}.<ref>''[[Hubbard v. United States]]'', {{ussc|514|695|1995}}</ref> That enactment made it a criminal offense for any person, whether a civilian or a member of the military services, to:

<blockquote>… present or cause to be presented for payment or approval to or by any person or officer in the civil or military service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent …</blockquote>

It was completely reworded by {{USStatute|65|228|40|1015|1918|10|23}}, which amended the statute to read:

<blockquote>… or whoever, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, or for the purpose and with the intent of cheating and swindling or defrauding the Government of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry …</blockquote>

In 1934, the requirement of an intent to defraud was eliminated at the request of the [[United States Secretary of the Interior|Secretary of the Interior]] [[Harold L. Ickes|Harold Ickes]], who wished to use the statute to enforce Section 9(c) of the [[National Industrial Recovery Act]] of 1933 (NIRA) against producers of "hot oil", oil produced in violation of production restrictions established pursuant to the NIRA,<ref>{{cite court | litigants= [[:wikisource:United States v. Gilliland|United States v. Gilliland]] | vol= 312 | reporter= US | opinion= 86 | pinpoint= 93-94 | date= 1941 | quote= Legislation had been sought by the Secretary of the Interior to aid the enforcement of laws relating to the functions of the Department of the Interior and, in particular, to the enforcement of regulations under Sec. 9(c) of the [NIRA].}}</ref> when {{USStatute|73|394|48|996|1934|06|18}}, amended it to read:

<blockquote>… or whoever<s>, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, or for the purpose and with the intent of cheating and swindling or defrauding the Government of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder,</s> shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry''', in any matter within the jurisdiction of any department or agency of the United States or of any corporation in which the United States of America is a stockholder''' …</blockquote>

When [[Title 18 of the United States Code]] was adopted in 1948,<ref>{{USStatute|80|772|62|683|1948|06|25}}</ref> the wording was further simplified and replaced with:

<blockquote>Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry …</blockquote>

==See also==
* [[Mail and wire fraud]]

== References ==
{{Reflist}}

{{DEFAULTSORT:Making False Statements}}
[[Category:United States federal criminal legislation]]
[[Category:Communication of falsehoods]]
[[Category:United States federal obstruction of justice law]]
[[Category:Fraud in the United States]]
[[Category:People convicted of making false statements| ]]