Top Federal Lawyers on the Federal Perjury Statute. The federal perjury statute is rarely utilized by federal prosecutors. That statute is designed to, among other things, deter and punish false statements made under oath or in official proceedings. It can be found at Title 18 of the United States Code, Section 1621. Section 1623 specifically address perjury offenses. Perjury involves intentionally providing false information while under oath, such as during court proceedings, grand jury testimonies, or other official hearings.
Section 1621 provides the general outline of the statute, providing that anyone who willfully lies under oath, presents false evidence, or makes fraudulent statements in any official proceeding can be charged with perjury. Convictions under this statute may result in fines and imprisonment for up to five years.
Section 1623 introduces the concept of “false declarations before grand jury or court,” offering an alternative charge for perjury. It specifies that a witness who intentionally gives false statements, regardless of whether they are material to the proceeding, may be charged with perjury. The penalties for violating Section 1623 are similar to those outlined in Section 1621.
In sum, to obtain a perjury conviction, federal prosecutors must establish that the false statement was made willfully and with the knowledge of its falsity. The statement must also be material to the proceedings, meaning it has the potential to influence the outcome of the case.
Matthew Chivari
Leonard Trial Lawyers
December 5, 2023