CHAPTER 10: FALSE STATEMENTS QUIZ

1.

The federal false statements statute, contained in section 1001 of the criminal code, applies to unsworn statements made to the government and may be used to prosecute an individual who has attempted to hide earlier illegal activities.

True

False

2.

The False Statements Accountability Act of 1996 made several changes to 18 U.S.C. §1001 that would now involve material matters within the jurisdiction of the executive, legislative, or judicial branch of the federal government.

The statute now criminalizes the act of knowingly and willfully engaging in which one of these conducts?

Falsifying, concealing, or covering up by any trick, scheme, or device a material fact.

Making any materially false, fictitious, or fraudulent statement or representation.

Making or using any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.

All of the above.

3.

Under section 1001, "statements" can be made in which of the following forms?

Oral statements only.

Oral statements reduced to writing.

Written, oral, sworn or unsworn.

Sworn or unsworn writing.

4.

In Brogan v. United States, the court held that there is in fact an "exculpatory 'no' " defense to a false statements prosecution. Therefore, an "exculpatory no" does not fall within section 1001's design or language.

True

False

5.

The government can prove falsity by showing which of the following?

The defendant concealed a material fact.

The defendant made an untrue statement.

A & B.

None of the above.

6.

The Supreme Court describes a "material" statement as one having "a natural tendency to influence, or be capable of influencing, the decision of the decision-making body to which it was addressed.

Under this standard, the government is required to prove:

The statement actually "influenced" the government body or agent.

The statement actually "deceived" the government body or agent.

The statement had the "capacity" to influence or deceive the government body or agent.

A & B.

7.

The false statement statute requires proof that the defendant acted knowingly and willfully. Accordingly, the government MUST prove that the defendant knew the statement was false at the time it was made through evidence of actual knowledge or by evidence that the defendant intentionally or recklessly avoided learning whether the statement was true or false.

True

False

8.

Congress amended section 1001 which effectively overrules Hubbard v. United States, and expressly provides that section 1001 covers false statements that are made to which branch of the federal government?

Executive Branch

Legislative Branch

Judicial Branch

All of the above

9.

Does section 1001 apply to state agencies, local agencies, or private parties that have some relationship with the federal government through federal funding or some other connection?

No, as the false statement MUST be made directly to the federal department or agency.

Yes, as section 1001 DOES NOT require that the false statement be made directly to the federal department or agency.

No, as the false statement MUST NOT be made directly to the federal department or agency.

Yes, as section 1001 DOES require that the false statement be made directly to the federal department or agency.

10.

The guiding rule for the "Double Jeopardy Clause" under section 1001 comes from Blockburger v. United States. Under the Blockburger rule, the same conduct can give rise to multiple charges so long as:

Each crime requires proof of an element that the other does not.

There is no clear congressional intent to prohibit multiple charges.

A Only.

A & B.