Federal Perjury 18 U.S.C.  § 1621

Federal Perjury occurs when a person willfully makes a false statement under oath in a federal proceeding or during a sworn affidavit, knowing the statement is false. The statement must be material, meaning it must relate to a significant fact that could influence the outcome of the proceeding. Perjury can occur during grand jury testimony, federal trials, depositions, or sworn affidavits. However, not all false testimony leads to a perjury charge. For example, if a witness or sworn declarant misspeaks accidentally, it may not rise to the level of perjury. Therefore, distinguishing between an honest mistake and an intentional falsehood is important in defending against perjury charges.

Perjury: 18 U.S.C. § 1621

Federal perjury is defined under 18 U.S.C. § 1621, which states:

Whoever—

(1)

having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

(2)

in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

Elements of Perjury

The government must prove, beyond a reasonable doubt that:

• • The statement in question was made under oath (e.g., testimony in court or a sworn affidavit);
  • The statement was false (either it was knowingly false or made with reckless disregard for the truth);
  • The statement was material (i.e., it had the potential to affect the outcome of the case); and
  • The defendant knew that the statement was false when it was made

Critically, the government must prove intent and willfulness. If the defendant did not intentionally make a false statement or did not knowingly mislead the court, then the government may not be able to prove its case. Sometimes, defendants can argue that any mistakes being charged as perjury were really made inadvertently, and that they did not act with criminal intent.

Potential Defenses to Federal Perjury Charges

Some defenses our attorneys can explore include:

• • Lack of knowledge by proving that you did not know that the statement was false
  • Lack of materiality by proving that the statement was not relevant to the issue being decided
  • Mistake of fact by showing that the false statement was made based upon a genuine mistake of fact
  • The statement was true by proving that the statement was not false

Penalties for Federal Perjury

A federal conviction for perjury can carry serious penalties, including imprisonment of up to 5 years and fines. Not only that, but such a felony conviction can do serious damage to your credibility and reputation – both professionally and personally. Moreover, perjury can also lead to charges of obstruction of justice or other related offenses.

How Our Criminal Defense Attorneys Can Help You

It is essential to carefully review your statements and their context, potential misunderstandings, and whether any falsehood was truly material to the case. A skilled federal criminal defense attorney will tailor their strategy based on these factors, aiming to show either that the statement was not false or that it was not made with the requisite intent. Our attorneys have experience defending clients against federal charges in Washington, DC and Virginia. We assist clients in the US District Court for the District of Columbia and the US District Court for the Eastern District of Virginia. Contact us today for a free, confidential consultation regarding your federal money laundering charges.