18 U.S.C. Sec. 1001 Concealing a Material Fact - Elements

• Category: Federal - Jury Instructions - 7th Circuit
• State: Multi-State
• Control #: US-JURY-7THCIR-18-1001
• Format: Rich Text

Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm 18 U.S.C. Sec. 1001 is a federal law that prohibits individuals from making false statements, or concealing a material fact, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States government. There are two elements that must be established in order to prove a violation of 18 U.S.C. Sec. 1001: (1) a false statement, concealment, or representation of a material fact; and (2) knowledge that the statement, concealment, or representation was false, misleading, or concealed. The first element requires that the false statement, concealment, or representation of a material fact must be made with knowledge of its falsity. Examples of false statements or representations include, but are not limited to, false statements on a loan application, false statements in an income tax return, or false statements in an application for government benefits. The second element requires that the false statement, concealment, or representation must be material. This means that the false statement or concealment must have some kind of effect on the outcome of the matter. Examples of material facts include, but are not limited to, the identity of a person involved in a transaction, the commission of a crime, or the existence of a business relationship. In summary, 18 U.S.C. Sec. 1001 prohibits individuals from making false statements, or concealing a material fact, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States government. In order to be found guilty of an 18 U.S.C. Sec. 1001 violation, the government must prove that the individual knowingly made a false statement, or concealed a material fact, that had an effect on the outcome of the matter.

18 U.S.C. Sec. 1001 is a federal law that prohibits individuals from making false statements, or concealing a material fact, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States government. There are two elements that must be established in order to prove a violation of 18 U.S.C. Sec. 1001: (1) a false statement, concealment, or representation of a material fact; and (2) knowledge that the statement, concealment, or representation was false, misleading, or concealed. The first element requires that the false statement, concealment, or representation of a material fact must be made with knowledge of its falsity. Examples of false statements or representations include, but are not limited to, false statements on a loan application, false statements in an income tax return, or false statements in an application for government benefits. The second element requires that the false statement, concealment, or representation must be material. This means that the false statement or concealment must have some kind of effect on the outcome of the matter. Examples of material facts include, but are not limited to, the identity of a person involved in a transaction, the commission of a crime, or the existence of a business relationship. In summary, 18 U.S.C. Sec. 1001 prohibits individuals from making false statements, or concealing a material fact, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States government. In order to be found guilty of an 18 U.S.C. Sec. 1001 violation, the government must prove that the individual knowingly made a false statement, or concealed a material fact, that had an effect on the outcome of the matter.