Before a person can be convicted of the federal crime of making a false statement to a federal agency, the prosecutor must prove the following five things beyond a reasonable doubt:
- The person charged actually made the statement or document in question;
- The statement or document was false;
- The false statement was not a trivial or unimportant detail.
- The person charged acted willfully and with knowledge that the statement or document was false; and
- The false statement or document was used in relation to a matter that fell within the jurisdiction of a federal agency.
The prosecutor does not, however, have to prove that the federal agency was, in fact, deceived or misled.
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