False statement to probation officer preparing presentence investigation report is prosecutable offense under 18 U.S.C. § 1001(a)
STATUTORY CONSTRUCTION United States v. Manning, No. 07-5035, ___ F.3d ___ (10th Cir. May 16, 2008)(N.D. Oklahoma). Appeal of conviction for making false statement on matter within jurisdiction of executive, legislative, or judicial branch of government in violation of 18 U.S.C. § 1001(a). HELD: Defendant’s statement to probation officer that omitted mention of his $40,000 401(k) retirement account is prosecutable offense under 18 U.S.C. § 1001(a) for making false statement on matter within jurisdiction of judicial branch. Statement is not excepted under judicial function exception of § 1001(b) which exempts statements made by party to judge or magistrate. Read the opinion here. |
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