Fort Lauderdale False Statements Attorney
Making a statement that is known to be untrue or incorrect, or purposefully withholding material facts, for the purpose of gaining a benefit is considered a false statement. To be guilty of making a false statement, all four elements must be present in the claimant’s false statement:
- False statement, misrepresentation, or withholding of material fact;
- Knowledge that the statement was not true;
- Willfully made the statement; and
- Did so seeking a benefit from the false statement.
If found guilty, the claimant may face severe penalties. Under 42 U.S. Code § 707, the criminal penalty for a false statement is as such: the claimant will be fined not more than $25,000 and face not more than five years in prison, or both. Perjury, a similar crime and one that has a similar punishment of not more than five years in prison, as described in 18 U.S. Code § 1621, is to make a false or misleading statement while under oath or while signing a legal document for a gain. If you are facing a charge of false statement or perjury, contact an experienced Fort Lauderdale False Statements Attorney today. Your freedom and livelihood may be at stake.
An Example of a False Statement
One of the recent and more famous cases of someone being convicted of making false statements was in 2004 when a judge found Martha Stewart guilty. She was found guilty of obstruction of justice, conspiracy, and two counts of making false statements. Stewart had insider knowledge from her broker that the stocks of the company ImClone were about to drop and she immediately sold $230,000 of her shares and lied to a federal investigator about it. She was confined to five months in prison, five months of home arrest, and two years probation.
Examples of Perjury
- While acting as an alibi under oath, it is perjury to claim that a friend or family member was with you during a time period that they were not present. Whether you know that they committed a crime during that time or not, it is perjury to lie in court in order to protect that person. However, it is not a federal crime to lie to a police officer;
- Bill Clinton was found guilty of perjury in 1994 while lying under oath about his affair with Monica Lewinski; and
- A police officer who lies under oath about a suspect resisted arrest or fighting back (requiring the use of police force)when in reality the suspect did not, is guilty of perjury. Another instance in which perjury such as this occurs is in the aftermath of a police shooting in which an officer lies in court about the suspect being armed when they were not.
An Experienced and Aggressive Fort Lauderdale False Statements Defense Attorney
If you have been accused of making false statements or perjury, it is imperative that you immediately seek the help and advice of an experienced Fort Lauderdale false statement defense attorney. Deric Zacca, P.A is a Board Certified federal criminal trial attorney. Call today at 954-450-4848 for help.