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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:

  1. directly to a Federal agency, such as an application form for employment or a required form;
  2. to a private person or institution which implements federal programs; and
  3. 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 JM 9-42.001]

Updated September 19, 2018