907

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]