You are here
Criminal Resource Manual 907 Statements Warranting Prosecution
Statements Warranting Prosecution
Whether the relationship between the fraudulent statement and the Federal government is sufficient to warrant prosecution, and possible conviction by a jury at trial, will depend on the context of the false statement. Not all false statements violate 18 U.S.C. § 1001. False statements warranting prosecution may be made in at least three ways:
- directly to a Federal agency, such as an application form for employment or a required form;
- to a private person or institution which implements federal programs; and
- in business records that may be subject to Federal government inspection.
These various acts have one common feature: they may affect either the operation or integrity of the government. All that is necessary for jurisdiction is that the false statement touch on a Federal interest, i.e., it affect or influence that interest. The only limitation on this rule is that the Federal interest must exist at the time the false statement is made; it cannot arise after the defendant has made a false statement. Once Federal jurisdiction has been determined issues of materiality, knowledge, and falsity arise.
[cited in USAM 9-42.001]
Updated February 19, 2015