18 USC 1001 – Fraud and False Statements.

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18 USC 1001 – Fraud and False Statements

Defending People Accused Of Fraud or False Statements

Title 18, United States Code, Section 1001 makes it a crime to: 1) knowingly and willfully; 2) make any materially false, fictitious or fraudulent statement or representation; 3) in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States.

The alleged lie does not have to be made directly to an employee of the national government as long as it is “within the jurisdiction” of the ever expanding federal bureaucracy. The falsehood must be “material” which has been defined mean any statement which has the “natural tendency to influence or [is] capable of influencing, the decision of the decision making body to which it is addressed.” United States v. Gaudin , 515 U.S. 506, 510 (1995).

In order to prove a person committed the crime of fraud or false statements the government must show the defendant knew their statement was false at the time they make it.  The government does not have to know the person knew that lying to the government is a crime or even that they knew the matter they allegedly lied about is “within the jurisdiction” of a government agency. United States v. Yermian , 468 U.S. 63, 69 (1984).

Call Federal Criminal Defense Lawyer Kresta Daly – (916) 440-8600

If you or someone you know is being investigated or has already been charged with bankruptcy fraud don’t hesitate before contacting experienced criminal defense counsel. Sacramento based criminal defense attorney Kresta Daly has helped hundred of people successfully defend themselves against criminal allegations in state and federal court throughout California.

18 USC 1001 states:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

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