Knowingly and Willfully
The prohibition of 18 U.S.C. § 1001 requires that the false
statement, concealment or cover up be "knowingly and willfully" done, which
that "The statement must have been made with an intent to deceive, a design
induce belief in the falsity or to mislead, but § 1001 does not require
intent to defraud -- that is, the intent to deprive someone of something by
of deceit." United States v. Lichenstein, 610 F.2d 1272, 1276-77
Cir.), cert. denied, 447 U.S. 907 (1980). The government may prove
a false statement was made "knowingly and willfully" by offering evidence
defendants acted deliberately and with knowledge that the representation was
false. See United States v. Hopkins, 916 F.2d 207, 214 (5th
1990). The jury may conclude from a plan of elaborate lies and half-truths
defendants deliberately conveyed information they knew to be false to the
government. Id. at 214-15.|
As used in the statute, the term "knowingly" requires only that the
defendant acted with knowledge of the falsity. See United States
Lange, 528 F.2d 1280, 1287-89 (5th Cir. 1976). As in other situations,
commit an act "knowingly" is to do so with knowledge or awareness of the
or situation, and not because of mistake, accident or some other innocent
See Fifth Circuit Pattern Jury Instructions, § 1.35
Knowledge of the criminal statute governing the conduct is not required.
The false statement need not be made with an intent to defraud if
is an intent to mislead or to induce belief in its falsity. Reckless
of whether a statement is true, or a conscious effort to avoid learning the
truth, can be construed as acting "knowingly." United States v.
559 F.2d 244, 246 (5th Cir. 1977), cert. denied, 434 U.S. 1015
A defendant is not relieved of the consequences of a material
misrepresentation by lack of knowledge when the means of ascertaining
truthfulness are available. In appropriate circumstances, the government
establish the defendant's knowledge of falsity by proving that the defendant
either knew the statement was false or acted with a conscious purpose to
learning the truth. See United States v. West, 666 F.2d 16,
Cir. 1981); Lange, 528 F.2d at 1288; United States v.
358 F. Supp. 564, 574 (E.D. Pa. 1973). Proof that the defendant acted with
reckless disregard or reckless indifference may therefore satisfy the
requirement, when the defendant makes a false material statement and
avoids learning the facts or intends to deceive the government. See
United States v. Schaffer, 600 F.2d 1120, 1122 (5th Cir. 1979).
The term "willfully" means no more than that the forbidden act was
deliberately and with knowledge, and does not require proof of evil intent.
McClanahan v. United States, 230 F.2d 919, 924 (5th Cir. 1955),
denied, 352 U.S. 824 (1956); McBride v. United States, 225 F.2d
255 (5th Cir. 1955), cert. denied, 350 U.S. 934 (1956). An act is
"willfully" if done voluntarily and intentionally and with the specific
to do something the law forbids. There is no requirement that the
show evil intent on the part of a defendant in order to prove that the act
done "willfully." See generally United States v. Gregg, 612
43, 50-51 (2d Cir. 1979); American Surety Company v. Sullivan, 7 F.2d
606 (2d Cir. 1925)(Hand, J.); United States v. Peltz, 433 F.2d 48,
(2d Cir. 1970),cert. denied, 401 U.S. 955 (1971) (involving 15 U.S.C.
§ 32(a). See also 1 E. Devitt, C. Blackmar, M. Wolff & K.
Federal Jury Practice and Instructions, § 17.05 (1992).
[cited in USAM 9-42.001]