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Expert Analysis

New DOJ Stance On False Statements May Bring Sea Change

Law360, New York (June 16, 2014, 10:17 AM EDT) -- A conviction for making a false statement to the government (18 U.S.C. § 1001) is a favorite tool of prosecutors. Although conviction under Section 1001 requires that the defendant have made a false statement "knowingly and willfully," in most courts, historically, that element could be satisfied simply by proof that the defendant knew his statement was false. This statute, therefore, has trapped many individuals who believed it important to cooperate with the government and answer questions even if they were unprepared to do so....

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