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905. Items Not Required to be Proved

The courts have concluded that 18 U.S.C. § 1001 does not require any proof of the following:

  1. any financial or property loss to the Federal government (though one often exists), United States v. Richmond, 700 F.2d 1183, 1188 (8th Cir.1983);
  2. that the false statement be made or submitted directly to the federal government, United States v. Uni Oil Co., 646 F.2d 946, 954-55 (5th Cir. 1981), cert. denied, 455 U.S. 908 (1982);
  3. any favorable agency action based upon the statement, Brandow v. United States, 268 F.2d 559 (9th Cir. 1959); United States v. Quirk, 167 F. Supp. 462 (E.D. Pa. 1958), aff'd, 266 F.2d 26 (3d Cir. 1959);
  4. reliance by the government, United States v. Lichenstein, 610 F.2d 1272, 1278 (5th Cir. 1980);
  5. the defendant's actual knowledge of Federal agency jurisdiction, United States v. Yermian, 468 U.S. 63 (1984); on remand, 741 F.2d 267 (1984) ; or
  6. that the false statement be written, signed or sworn, United States v. Beacon Brass Co., 344 U.S. 43, 46 (1952).

[cited in USAM 9-42.001]

Updated December 18, 2015