Anonymous ID: a05145 Sept. 19, 2018, 11:17 a.m. No.3089164   🗄️.is 🔗kun
  1. PERJURY – OVERVIEW OF 18 U.S.C. §1621 AND 1623 VIOLATIONS

Several Federal statutes criminalize perjury and related false statements. The two most commonly used statutes for perjury offenses are 18 U.S.C. §§ 1621 and 1623. Section 1621 is the traditional, broadly applicable perjury statute, and is used to prosecute perjuries committed before legislative, administrative or judicial bodies. Section 1623, added in 1970, eliminated some of the proof problems associated with these difficult prosecutions, but Congress limited its applicability to false statements before Federal courts and grand juries. In Hubbard v. United States, 115 S.Ct. 1754, 1764 & n.15 (1995), the Supreme Court noted that these statutes, as well as sections 1503 (obstruction) and 287 (false claims) can apply to and penalize false statements made to the Judicial Branch. The Court also specifically found the Federal false statement statute, 18 U.S.C. § 1001, inapplicable to statements to the judiciary. However, in 1996, Congress amended the § 1001 in the False Statements Accountability Act of 1996, P.L. 104-292, H.R. 3166, Oct. 11, 1996. The amendment restored the Department's ability to prosecute false statements made to the legislative and judicial branches. See also this Manual at 902 et seq.

 

https://www.law.cornell.edu/uscode/text/18/1001

 

18 U.S. Code § 1001 - Statements or entries generally

 

(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, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.