1754

Perjury Cases—Special Problems and Defenses -- Venue

Venue for perjury charges generally lies in the district where the false oath was made. If the perjury is committed in an ancillary proceeding, perjury charges may also be brought in the district in which the parent proceeding is pending. United States v. Reed, 773 F.2d 477, 482-83 (2d Cir. 1985). However, venue for prosecutions of false affidavits prosecuted under section 1621 may lie only in the district in which the affidavit is sworn. United States v. Hersch, 850 F. Supp. 483, 489 (E.D. Va. 1994)(distinguishes Reed, venue only where affidavit sworn); United States v. Manfredi, 789 F. Supp. 961, 963-64 (N.D. Ind. 1992)(follows Reed, prosecution in either district). [cited in USAM 9-69.200]