Fill and Sign the False Statement to Federal Agency Form

32 False Statement To Federal Agency 18 USC § 1001 Title 18, United States Code, Section 1001, makes it a Federal crimeor offense for anyone to willfully make a false or fraudulent statement to a department or agency of the United States.The Defendant can be found guilty of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That the Defendant knowingly [ made a false statement] [made or used a false document], in relation to a matter within the jurisdiction of a department or agency of the United States, as charged;Second: That the [false statement] [false document] related to a material matter; andThird: That the Defendant acted willfully and with knowledge of the falsity. A [statement] [document] is " false" when [made] [used] if it is untrue and is then known to be untrue by the person [making] [using] it. It is not necessary to show, how ever, that the Government agency was in fact deceived or misled. [The Immigration and Naturalization Service, Department of Justice, is an " agency of t he United States," and the filing of documents with that agency to effect a change in the immigration status of an alien is a matter within the jurisdiction of that agency.] The [making of a false statement] [use of a false document] is not an offense unless the falsity relates to a " material" fact. A misrepresentation is "material" if it has a natural tendency to affect or influence, or is capable of affecting or influencing, the exercise of a government function. The test is whether the false statement has the capacity to impair or pervert the functioning of a governmental agency. In other words, a misrepresentation is material if it relates to an import ant fact as distinguished from some unimportant or trivial detail. ANNOTATIONS AND COMMENTS 18 USC § 1001 provides: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies . . . a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry [shall be guilty of an offense against the United States.] Maximum Penalty: Five (5) years imprisonment and applicable fine. Arthur Pew Const. Co. v. Lipscomb, 965 F.2d 1559, 1576 (11t h Cir. 1992), misrepresentation for purposes of § 1001 must be deliberate, knowing and willful, or at least have been made with a reckless disregard of the truth and a conscious purpose to avoid telling the truth.In United States v. Gaudin, U.S. , 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995), the Supreme Court held that the materiality of a false statement under this section is a jury question, and that failure to submit t he question of materiality t o t he jury constitutes reversible error. See United States v. Klais, 68 F.3d 1282, 1283 (11th Cir. 1995) (recognizing holding). Materiality definition is adopted from Gaudin, 115 S.Ct. at 2313; United States v. Grizzle, 933 F.2d 943, 948 (11th Cir. 1991); Unit ed Stat es v. Herring, 916 F.2d 1543, 1547 (11th Cir. 1990); United States v. Gafyczk, 847 F.2d 685, 691 (11th Ci r. 1988). For a discussion of the " exculpatory no" doctrine under 1 8 USC § 1001, see United States v. Payne, 7 50 F.2d 8 44 , 8 61 -86 5 (1 1t h Cir. 1 98 5).