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908. Elements of 18 U.S.C. § 1001

Section 1001's statutory terms are violated if someone:

  1. "falsifies, conceals or covers up by any trick, scheme or device a material fact,"
  2. "makes any false, fictitious or fraudulent statements or representations,"
  3. "makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry"
  4. and, for cases arising after the 1996 amendments, the item at issue was material.

Whether the above acts are criminal depends on whether there is an affirmative response to each of the following questions:

  1. Was the act or statement material?
  2. Was the act within the jurisdiction of a department or agency of the United States? and
  3. Was the act done knowingly and willfully?

[cited in JM 9-42.001]

Updated January 21, 2020