Although the statement that is the subject of an 18 U.S.C. § 1001 violation usually concerns past or present facts, it need not do so. A present statement as to future intent, e.g., a promise to do that which is not actually intended may be a false statement of an existing fact. See United States v. Shah, 44 F.3d 285 (5th Cir. 1995). Under Section 1001 "a promise may amount to a false, fictitious or fraudulent statement if it is made without any present intention of performance and under circumstances such that it plainly, albeit implicitly, represents the present existence of an intent to perform." Id. at 294.
[cited in JM 9-42.001]