False or Fraudulent Statements- Federal

Whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States … makes any materially false, fictitious or fraudulent statements or representation ….


shall be guilty of an offense against the United States.

 

A false or fictitious statement or representation is an assertion which is untrue when made or when used and which is known by the person making it or using it to be untrue.
A fraudulent statement or representation is an assertion which is known to be untrue and which is made or used with the intent to deceive.
 
A person acts “knowingly,” as that term is used in these instructions, if that person acts consciously and with awareness and comprehension and not because of ignorance, mistake or misunderstanding or other similar reason.
A person who makes, submits, or uses a statement or writing which that person believes to be truthful does not “knowingly” make, submit, or use a false, fictitious, or fraudulent statement.
 
A false statement is made “knowingly” if [defendant] knew that it was false or demonstrated a reckless disregard for the truth with a conscious purpose to avoid learning the truth.
 
A person acts “willfully,” as that term is used in these instructions, when that person acts deliberately, voluntarily, and intentionally.
 
“deliberately and intentionally, as contrasted with being made accidentally, carelessly or unintentional.”)
 
The good faith of Defendant is a complete defense to the charge in Count of the indictment because good faith on the part of the defendant is, simply, inconsistent with a finding of knowingly and willfully [concealing or covering up] [making false, fictitious or fraudulent statements] [making or using any false writing or document] as alleged in that charge.
A person who acts on a belief or an opinion honestly held is not punishable under this statute merely because the belief or opinion turns out to be inaccurate, incorrect, or wrong. An honest mistake in judgment or an error in management does not rise to the level of knowledge and wilfulness required by the statute.
This law is intended to subject to criminal punishment only those people who knowingly and wilfully attempt to deceive. While the term good faith has no precise definition, it means, among other things, a belief or opinion honestly held, an absence of malice or ill will, and an intention to comply with known legal duties.
In determining whether or not the government has proven that Defendant acted in good faith or acted knowingly and willfully in [concealing or covering up] [making false, fictitious or fraudulent statements] [making or using any false writing or document], the jury must consider all of the evidence in the case bearing on the defendant's state of mind.
The burden of proving good faith does not rest with the defendant because the defendant does not have an obligation to prove anything in this case. It is the government's burden to prove to you, beyond a reasonable doubt, that the defendant acted knowingly and willfully to [conceal or cover up] [make false, fictitious or fraudulent statements] [make or use any false writing or document].
If the evidence in the case leaves the jury with a reasonable doubt as to whether Defendant acted in good faith, the jury must acquit [him] [her].
 
 
 

 

18 1001 

 

Federal  

 
Initial Consultations Are Always Free And Completely Confidential