skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 65617 Find in a Library
Title: PROSECUTIONS FOR FALSE STATEMENTS TO THE FEDERAL BUREAU OF INVESTIGATION - THE UNCERTAIN LAW
Journal: SYRACUSE LAW REVIEW  Volume:29  Issue:2  Dated:(SPRING 1978)  Pages:763-792
Author(s): D D OLIVER
Corporate Author: Syracuse University
College of Law
United States of America
Date Published: 1978
Page Count: 29
Sponsoring Agency: Syracuse University
Syracuse, NY 13210
Format: Article
Language: English
Country: United States of America
Annotation: THIS STUDY EXAMINES THE HISTORY AND LANGUAGE OF THE FRAUD AND FALSE STATEMENT ACT FOR ITS APPLICATION TO FALSE STATEMENTS MADE DURING INTERVIEWS WITH THE FBI.
Abstract: THE ACT IS SO BROAD IN SCOPE THAT IT ALLOWS FOR ALMOST UNLIMITED JUDICIAL DISCREATION, PARTICULARLY WITH REGARD TO FALSE STATEMENTS MADE VOLUNTARILY TO THE FBI. DURING THE LAST DECADE APPELLATE COURTS IN THREE CIRCUITS PASSED CONFLICTING DECISIONS ON THIS ISSUE, AND THE SUPREME COURT HAS GIVEN THE ACT THE BROADEST POSSIBLE CONSTRUCTION ON THE GROUND THAT NO RATIONALE AGAINST ITS APPLICATION SEEMED PERSUASIVE. ON THE OTHER HAND, JUDGES HAVE PLACED LIMITATIONS ON THE ACT'S PERMISSIBLE REACH. SUCH RESTRICTIONS HAVE CENTERED ON THE JURISDICTION OF THE GOVERNMENTAL AGENCY INVOLVED AND ON THE CHARACTER OF THE FALSE STATEMENTS MADE TO IT. THE ISSUES CONFRONTING JUSTICES IN THE FBI CASES WERE WHETHER THIS AGENCY IS A UNIT OF GOVERNMENT WHICH WAS INTENDED TO BE PROTECTED AGAINST FALSE STATEMENTS, AND WHETHER THE FALSE STATEMENTS MADE TO IT COULD ADVERSELY AFFECT ITS AUTHORIZED FUNCTION UNDER THE ACT. THREE COURT CASES ARE CITED INVOLVING DEFENDANTS WHO HAD MADE FALSE STATEMENTS TO THE FBI, BUT WHOSE CASES RESULTED IN CONFLICTING DISPOSITIONS: FRIEDMAN V. UNITED STATES (1967), UNITED STATES V. ADLER (1970), AND UNITED STATES V. LAMBERT (1974). THIS ANALYSIS CONCLUDES THAT THE FBI IS COVERED BY THE ACT, AND THAT VOLUNTARY FALSE STATEMENTS MADE TO IT, WHICH ARE INTENDED TO INDUCE SOME IMPROPER ACTION BY THE AGENCY, ARE PUNISHABLE. HOWEVER, FALSE STATEMENTS WHICH ARE DENIALS OF GUILT, MADE IN RESPONSE TO INCRIMINATORY QUESTIONS, ARE NOT PUNISHABLE BECAUSE THEY CAUSE NO HARM TO THE AGENCY. ALSO, VERBATIM TRANSCRIPTS OF THE FALSE STATEMENTS SHOULD BE REQUIRED FOR ALL PROSECUTIONS UNDER THE ACT; SUCH TRANSCRIPTS WOULD LEND A UNIFORMITY TO THE JUDICIAL DECISONMAKING PROCESS WHICH HAS HITHERTO BEEN LACKING. FOOTNOTES ARE INCLUDED. (LGR)
Index Term(s): Dispositions; Federal Bureau of Investigation (FBI); Fraud; Judicial decisions; Jurisdiction; Laws and Statutes; Right against self incrimination
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65617

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.