It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
2. makes any materially false, fictitious, or fraudulent statement or representation; or
3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
b. Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
c. With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only in --
1. administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
2. any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood? Well it is.
United States: DOJ Shifts Stance On False Statements Prosecutions
Joel Athey and Vince Farhat are Partners and Nicholas Melzer is Senior Counsel in the Los Angeles office
A Change That Could Have a Major Impact on Future White Collar Investigations and Prosecutions
HIGHLIGHTS:
• The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, Section 1001. This statute makes it a crime to "knowingly and willfully" give false statements in any matter under federal jurisdiction.
• In recent court filings, DOJ has quietly clarified that in order to prove a defendant acted willfully, federal prosecutors must show beyond a reasonable doubt that the defendant knew his or her statement was unlawful - not just that the statement was false. This is a material change in the government's position that could have a significant impact on future white collar investigations and prosecutions involving Section 1001.
The U.S. Department of Justice (DOJ) recently adopted a more defense-friendly position on criminal prosecutions under a commonly used federal charging statute, False Statement to Government Agency, 18 U.S.C. §1001 ("Section 1001").
To be convicted under Section 1001, a person must act "willfully" in making false statements to federal investigators. Courts are divided over whether Section 1001's "willfulness" element requires proof that the defendant knew his or her conduct was unlawful.
However, in recent court filings, DOJ has quietly clarified that in order to prove a defendant acted willfully, federal prosecutors must show beyond a reasonable doubt that the defendant knew his or her statement was unlawful - not just that the statement was false.
This is a material change in the government's position that could have a significant impact on future white collar investigations and prosecutions involving Section 1001.
originally posted by: IgnoranceIsntBlisss
No wonder Bush, and Obama, each had such cajones n their blatent disregard for notions of anti-dictatorial powers and repercussions. In hindsight, that should be the Big Story here.
originally posted by: whyamIhere
How can the FBI determine there was no intent ?
That is impossible to determine.
Nobody knows her intent on anything.
originally posted by: TheBulk
originally posted by: whyamIhere
How can the FBI determine there was no intent ?
That is impossible to determine.
Nobody knows her intent on anything.
And all the evidence definitely suggests intent. Having an illegal, hidden server, deleting emails, destroying equipment you claims you didn't have.......