Fill and Sign the False Statements and Perjury an Overview of Federal Form

50 False Declaration (Before Grand Jury) 18 USC § 1623(a) Title 18, United States Code, Section 1623, makes it a Federal crimeor offense for anyone [to make a false statement under oath] [to use a false document] while appearing as a witness before a Federal grand jury. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That [testimony was given] [the described record or document was used] while the Defendant was under oath as a witness before the Grand Jury of this Court , as charged;Second: That [such testimony] [such record or document] was false in one or more of the ways charged concerning some material matter in the Grand Jury proceedings; andThird: That such [false testimony] [false record or document] was knowingly and willfully [given] [used] by the Defendant as charged.[Testimony is false if it was untrue when it was given and was thenknown to be untrue by the witness or person giving it.] [A statementcontained within a document is false if it was untrue when used and was then know n to be untrue by the person using it.] 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 iscapable of affecting or influencing, the exercise of t he Grand Jury'sdecision making process. The test is whether the false statement had the capacity to impair or pervert the functioning of the Grand Jury. In other words, a misrepresentation is material if it relates to an import ant fact as distinguished from some unimportant or trivial detail. It is not necessary for the Government to prove, however, that the Grand Jury was, in fact, misled or influenced in any way by the false [statement] [record or document]. In reviewing the testimony that is charged to have been false, you should consider that testimony in the context of the series of questions asked and answers given, and the words used should be given their common and ordinary meaning unless the context clearly shows that a different meaning was mutually understood by the questioner and the witness. If you should find that a particular question was ambiguous or capable of being understood in two different ways, and that the Defendant truthfully answered one reasonable interpretation of the question underthe circumstances presented, then such answer would not be false.Similarly, if you should find that the question was clear, but the answer was ambiguous, and that one reasonable interpretation of the answer would be truthful, then the answer would not be false. ANNOTATIONS AND COMMENTS 18 USC § 16 23 (a) provides: Whoever under oath . . . in any proceeding before [any] grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration [shall be guilty of an offense against the United States].Maximum Penalty: Five (5) years imprisonment and applicable fine. The materiality instruction is required by Unit ed States v. Gaudin, U.S. , 115 S.Ct . 2310, 132 L.Ed.2d 444 (1995) and United States v. Kramer, 73 F.3d 1067, 1074 (11th Cir. 1996).