Making False Statements - Overview

Overview

The statute spells out this purpose in subsection 18 U.S.C. § 1001(a), which states:

(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, …

Even constitutionally explicit Fifth Amendment rights do not exonerate affirmative false statements. As the Court in Brogan v. United States said:

“

Our legal system provides methods for challenging the Government's right to ask questions — lying is not one of them.

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