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Lying, Cheating, and StealingA Moral Theory of White-Collar Crime$
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Stuart P. Green

Print publication date: 2007

Print ISBN-13: 9780199225804

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225804.001.0001

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False Statements

False Statements

Chapter:
(p.161) 14 False Statements
Source:
Lying, Cheating, and Stealing
Author(s):

STUART P GREEN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225804.003.0015

This chapter turns to an offense that reflects elements of both lying and misleading — the crime of making false statements. Codified most prominently in 18 USC § 1001, as well as in numerous kindred statutes, the offense of false statements typically requires that the defendant make a materially false statement or representation ‘within the jurisdiction of’ some government agency. Unlike perjury, there is no requirement that such statements be made under oath. Like perjury, however, most (but not all) American false statements statutes have been held to require literal falsity. What is perhaps most interesting about the offense of false statements, however, is the way in which it distinguishes (or, more accurately, used to distinguish) between wrongful exculpation and wrongful inculpation.

Keywords:   white-collar crime, criminal law, false statements, wrongful exculpation, wrongful inculpation

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