Chapter

False Statements

STUART P GREEN

in Lying, Cheating, and Stealing

Published in print March 2007 | ISBN: 9780199225804
Published online January 2010 | e-ISBN: 9780191708411 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199225804.003.0015

Series: Oxford Monographs on Criminal Law and Justice

False Statements

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This chapter turns to an offense that reflects elements of both lying and misleading — the crime of making false statements. Codified most prominently in 18 USC § 1001, as well as in numerous kindred statutes, the offense of false statements typically requires that the defendant make a materially false statement or representation ‘within the jurisdiction of’ some government agency. Unlike perjury, there is no requirement that such statements be made under oath. Like perjury, however, most (but not all) American false statements statutes have been held to require literal falsity. What is perhaps most interesting about the offense of false statements, however, is the way in which it distinguishes (or, more accurately, used to distinguish) between wrongful exculpation and wrongful inculpation.

Keywords: white-collar crime; criminal law; false statements; wrongful exculpation; wrongful inculpation

Chapter.  5700 words. 

Subjects: Jurisprudence and Philosophy of Law

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