Also known as: false declaration · false declarant · false statement · false declaration under penalty of perjury
Written by attorneys · grounded in primary & secondary sources — see below
A federal criminal offense that occurs when a person knowingly makes a false material declaration under oath in any proceeding before or ancillary to a federal court or grand jury. The offense requires proof of an oath, a false statement, materiality, and knowledge of falsity. Unlike common-law perjury, it permits proof of falsity through inconsistent statements without identifying which one is false and provides a recantation defense in limited circumstances.
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Frederick Ferguson, representing a client in federal district court, submits an affidavit stating that certain documents were timely filed when he knows they were not. The judge relies on the affidavit to grant a motion. The false declaration exposes Ferguson to criminal liability under the false declarations statute because the statement was made under oath in a federal court proceeding and was material to the court's ruling.
Frank Fisher testifies for the defense in a federal criminal trial. The prosecution seeks to introduce evidence of Fisher's prior federal conviction for submitting a false tax return. Because the elements of that offense required proof of a dishonest act or false statement, the court admits the conviction to impeach Fisher under the rule governing crimes involving false statements.
Fumiko Fujimoto, counsel for a plaintiff in settlement talks, tells defense counsel that her client has no other pending claims when she knows of an additional federal lawsuit. The false statement to a third person during representation triggers professional discipline and could support a false declarations charge if made under oath in ancillary proceedings.
Felix Franco applies for admission to the bar and states under oath on the application that he has never been disciplined by any court. He knows of a prior federal court sanction for filing false documents. The knowing false statement on the bar application constitutes a false declaration subject to both denial of admission and later disciplinary action.
Fatou Fall testifies before a federal grand jury that she never met a co-conspirator. The government charges her with false declarations. At trial the court submits the question of whether the statement was material to the jury rather than deciding it as a matter of law, allowing the jury to determine whether the falsehood had a natural tendency to influence the grand jury's investigation.
Farid Farahani gives a statement to police describing an assault. At a later federal trial the prosecution offers the statement as evidence. The court admits it under the excited utterance exception even though the declarant is unavailable, because the context of the statement provides guarantees of trustworthiness that satisfy confrontation concerns in the false declarations context.
The government must prove that the defendant made a statement under oath before or ancillary to a federal court or grand jury, that the statement was false, that the statement was material, and that the defendant knew it was false. The offense is defined in 18 U.S.C. § 1623 and carries a maximum penalty of five years imprisonment.
False declarations applies only to proceedings before or ancillary to a federal court or grand jury, while perjury applies to any competent tribunal. False declarations does not require two witnesses to prove falsity and allows use of inconsistent statements without specifying which is false. It also provides a recantation defense not available under the perjury statute.
…performed, that she has notified her spouse that she is about to undergo an abortion. The statement shall bear a notice that any false statement made therein is punishable by law. "(b) Exceptions.—The statement certifying that the notice required by subsection (a) has been given need not be furnished where the woman provides the…
…upon [the magistrate's] authority if a warrant affidavit, revealed after the fact to contain a deliberately or recklessly false statement, were to stand beyond impeachment." 438 U. S., at 165. [^maj-13]: See also Beck v. Ohio , 379 U. S. 89 (1964), in which the Court concluded that "the record . . . does not contain a…
…Dissenting — Justice White The Philippine law made criminal the entry in a public record by a public official of a knowingly false statement
…calm of the courtroom. Similarly, a statement made in the course of procuring medical services, where the declarant
…imputing to him the crime of perjury. The Court of Appeals held that Price did not need to prove the materiality of the alleged
A statement is material if it has a natural tendency to influence or is capable of influencing the decision of the tribunal. Materiality is a question for the jury, not the judge, and must be proved beyond a reasonable doubt.
Yes. The statute allows the government to prove falsity by showing that the defendant made two inconsistent statements under oath without having to prove which statement was false. This evidentiary shortcut is unavailable under the traditional perjury statute.
A defendant may avoid conviction by recanting the false statement before the proceeding concludes and before it becomes manifest that the falsity has been or will be exposed. The recantation must be made in the same proceeding and must correct the prior false declaration.