sharpfocus
Junior Member
What is the name of your state? Texas
Does this law have any teeth to it? How would you go about enforcing it? Is it Civil or Federal? Can the injured party initiate action and would he go to the police or to a lawyer for said action.
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 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 or imprisoned not more than 5 years, or both.
If I read this correctly, then if I can prove even one fraudulent statement in a Federal lawsuit where the plaintiff had signed a declaration before witness's and where that law was inserted in that same declaration as a consequence of lying, then that is enough for a judgement? Is it strictly punitive and not like a lawsuit where an injured party would receive a settlement?
This is a need to know issue. ...Bob
Does this law have any teeth to it? How would you go about enforcing it? Is it Civil or Federal? Can the injured party initiate action and would he go to the police or to a lawyer for said action.
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 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 or imprisoned not more than 5 years, or both.
If I read this correctly, then if I can prove even one fraudulent statement in a Federal lawsuit where the plaintiff had signed a declaration before witness's and where that law was inserted in that same declaration as a consequence of lying, then that is enough for a judgement? Is it strictly punitive and not like a lawsuit where an injured party would receive a settlement?
This is a need to know issue. ...Bob