Dishonesty crimes

Question 1

Perjury

Answer 1

(1) False statement
(2) Made knowingly and willingly
(3) Under oath
(4) Materiality (fact is material to the proceeding)

Prosecutors rarely charge perjury. Generally, you need two witnesses. (corroboration is necessary

Question 2

False declaration

Answer 2

(1) False statement
(2) Made knowingly and willingly
(3) Under oath
(4) Materiality (fact is material to the proceeding)

UNLIKE PERJURY, DOESN’T REQUIRE CORROBORATION

Question 3

Literal truth defense

Answer 3

Literal Truth Defense - a true statement (even if it is nonresponsive or literal) is not grounds for perjury or false declarations)

Question 4

False statements

Answer 4

(1) The defendant made a statement or concealment (actus meas)
(2) If the defendant made a statement, it was false;
(3) The statement or concealment was material;
(4) The statement or concealment was made knowingly and willfully; and (mens rea)
(5) The statement or concealment was within the jurisdiction of the federal government.

If you want to plead the Fifth that’s okay, but “no” is an answer and thus, can be a false statement.

Question 5

Obstruction of justice

Answer 5

(1) Obstructive act
(2) Nexus connection to the pending investigation (judicial or grand jury proceedings)
(3) Corrupt intent

No grand jury, no obstruction (no nexus to an impending investigation)