avidseeker
Junior Member
What is the name of your state (only U.S. law)? Texas
If someone signs that a government document to is true and correct to "best of my knowledge and belief" and they have doubts, could they get in trouble if the document turns out to be wrong?
The criminal statute says it is a crime to knowingly provide false information on this document.
Let's say someone thinks it was 55% likely to be true, and 45% likely to be false. Basically they felt that it was more likely to be true than not true. Is that still to the best of their knowledge and belief?
What throws me off is the word "belief" which can imply lack of doubt.
Here is what I understand about the term "knowledge and belief":
-There is no duty to investigate the facts
-It means it is based on the person's actual knowledge (and not necessarily personal knowledge)
-Reckless indifference to truth is not a form of fraud with this language since the statement is limited (implying the person might be wrong)
-If a person does not actually believe what they are signing, it would be a falsehood even if they didn't know (here is the point I am stuck on - I don't think a person trying to be honest would have signed the document if they didn't actually believe it; if they tried to evaluate the mostly likely true statement). I mean, would you bet your life on everything you certified "to the best of your knowledge and belief"? I wouldn't.
If someone signs that a government document to is true and correct to "best of my knowledge and belief" and they have doubts, could they get in trouble if the document turns out to be wrong?
The criminal statute says it is a crime to knowingly provide false information on this document.
Let's say someone thinks it was 55% likely to be true, and 45% likely to be false. Basically they felt that it was more likely to be true than not true. Is that still to the best of their knowledge and belief?
What throws me off is the word "belief" which can imply lack of doubt.
Here is what I understand about the term "knowledge and belief":
-There is no duty to investigate the facts
-It means it is based on the person's actual knowledge (and not necessarily personal knowledge)
-Reckless indifference to truth is not a form of fraud with this language since the statement is limited (implying the person might be wrong)
-If a person does not actually believe what they are signing, it would be a falsehood even if they didn't know (here is the point I am stuck on - I don't think a person trying to be honest would have signed the document if they didn't actually believe it; if they tried to evaluate the mostly likely true statement). I mean, would you bet your life on everything you certified "to the best of your knowledge and belief"? I wouldn't.
Last edited: