to mislead or misrepresent facts to the US Attorney, whether sworn or unsworn, is a crime punishable by both relevant statutes with the same penalty: five years in the federal penitentiary.
TITLE 18 > PART I > CHAPTER 79 > § 1621 Prev | Next
§ 1621.
Perjury generally
Release date: 2005-08-03
Whoever—
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
OR
Obstruction of Justice - False StatementsTITLE 18, Chapter 47, Section 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.
NOTE:
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01739.htm18 U.S.C. § 1001--false statements and concealment of material facts before Federal departments and agencies (overlap with 18 U.S.C. § 1505).
18 U.S.C. §§ 1621 to 1623--perjury, subornation of perjury, and false declarations before grand juries and courts (overlap with 18 U.S.C. §§ 1503, 1505, and 1512). It has been held by at least one court that simple perjury, the assertion of a false affirmative statement by an individual testifying under oath, is not an obstruction of justice under the omnibus clause of 18 U.S.C. § 1503. See United States v. Faudman, 640 F.2d 20, 23 (6th Cir. 1981); United States v. Essex, 407 F.2d 214, 218 (6th Cir. 1969). But see United States v. Griffin, 589 F.2d 200, 203, 204 (5th Cir.) (dicta), cert. denied, 444 U.S. 825 (1979); cf. Smith v. United States, 234 F.2d 385 (5th Cir. 1956) (submission of false affidavits of others violates omnibus clause).
However, if simple perjury is accompanied by other obstructive, truth-suppressing acts, an omnibus clause offense may exist. In United States v. Alo, 439 F.2d 751 (2d Cir.), cert. denied, 404 U.S. 850 (1971), the court held that evasive testimony, such as a false denial of knowledge or memory, was included within the coverage of the omnibus clause of 18 U.S.C. § 1505. The court rejected the argument that the clause proscribed only those efforts that interfered with other witnesses or documentary evidence. Id. at 754.
This reasoning applies as well to the omnibus clause of 18 U.S.C. § 1503. Griffin, 589 F.2d at 203-05 (false denial of knowledge and memory before grand jury); United States v. Cohn, 452 F.2d 881, 883-84 (2d Cir. 1971) (same), cert. denied, 405 U.S. 975 (1972).
Suborning perjury, 18 U.S.C. § 1622, may also be an 18 U.S.C. § 1503 omnibus clause offense. See Griffin, 589 F.2d at 203 (construing United States v. Partin, 552 F.2d 621, 630-31 (5th Cir.), cert. denied, 434 U.S. 903 (1977); Catrino v. United States, 176 F.2d 884, 886-87 (9th Cir. 1949). While section 1622 requires proof that perjury was in fact committed, see, e.g., United States v. Brumley, 560 F.2d 1268, 1278 n.5 (5th Cir. 1977), the omnibus clause of section 1503 does not and thus may be used to prosecute attempts to suborn perjury. See Catrino, 176 F.2d at 886-87.
18 U.S.C. §§ 371 and 372--conspiracies to commit any offense against the United States, or to prevent or retaliate in response to the lawful discharge of the duties of Federal officers (overlap with 18 U.S.C. §§ 1503, 1505, 1510, 1512, and 1513). see generally United States v. Frankhauser, 80 F.3d 641, 653 (1st Cir. 1996) (conspiracy to persuade witness to destroy or conceal evidence for use in an official proceeding); United States v. Fullbright, 69 F.3d 1468, 1472 (9th Cir. 1995) (conspiracy to mail arrest warrants to a United States Bankruptcy Judge); United States v. Mullins, 22 F.3d 1365, 1367 (6th Cir. 1994) (conspiracy to alter flight log books of police officers to prevent information from reaching the grand jury); United States v. Jeter, 775 F.2d 670, 683 (5th Cir. 1985) (conspiracy to obtain secret grand jury information), cert. denied, 475 U.S. 1142 (1986).
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