Results 1 to 7 of 7
  1. #1

    Default How to Prove a Perjury Charge

    My question involves criminal law for the state of: Federal

    The 4 Elements of Perjury: An Oath, an Intent, Falsity and Materiality. If meets all these four elements, you can file the complaint to charge someone with perjury, correct? However, I was told that you need to provide more than one, may be four witnesses in order to set up a case by a FBI agent. Is it true? Is this a common practice? No law or rule regulates this and require how many witnesses you need to have for a perjury case? One witness and one photo (can be Forensic proved) is not enough to prove someone's statements in declaration and deposition are false, committed perjury and bring up a perjury case?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: How to Prove a Perjury Charge

    Quote Quoting worldfg
    View Post
    My question involves criminal law for the state of: Federal

    The 4 Elements of Perjury: An Oath, an Intent, Falsity and Materiality. If meets all these four elements, you can file the complaint to charge someone with perjury, correct?
    The Supreme Court has laid out the elements for the federal crime of perjury under 18 U.S.C. § 1621 as follows:
    The essential elements of the crime of perjury as defined in 18 U.S.C. s 1621, 18 U.S.C.A. s 1621, are (1) an oath authorized by a law of the United States, (2) taken before a competent tribunal, officer or person, and (3) a false statement wilfully made as to facts material to the hearing.’ United States v. Debrow, 346 U.S. 374, 376, 74 S.Ct. 113, 115, 98 L.Ed. 92.

    United States v. Hvass, 355 U.S. 570, 574, 78 S. Ct. 501, 504, 2 L. Ed. 2d 496 (1958). In general deposition testimony taken for a case being litigated in federal court will meet (1) and (2). The problem with most perjury prosecutions is proving (3), that the defendant willfully made a false statement of a material fact. Proving that the defendant knew the statement was false and made the false statement willfully rather than making a mistake, having poor memory, or whatever, is especially difficult. This is why you don't see all that many perjury prosecutions.

    In any event, if you think perjury was committed, you are free to report the matter to the FBI. You don't have to be an expert on perjury to do that. The FBI and U.S. attorney will decide if there is evidence sufficient enough to pursue a perjury prosecution and whether they want to devote the resources to doing it. After all, you don't prosecute the perjury; the U.S. Attorney does.


    Quote Quoting worldfg
    View Post
    However, I was told that you need to provide more than one, may be four witnesses in order to set up a case by a FBI agent. Is it true? Is this a common practice?
    I don't know who told you that or in what context the claim was made. I also do not know what you mean by "set up a case by a FBI agent". But there certainly is no rule that there must be a specific number of witnesses to the perjury for the government to prosecute it.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Prove a Perjury Charge

    https://www.expertlaw.com/forums/sho...t=#post1118932

    If you couldn't refute the lie during the litigation, you aren't likely to get anywhere with a federal case now.

  4. #4

    Default Re: How to Prove a Perjury Charge

    Thanks for your comments. I was told by a FBI agent that in order to pursuit the perjury charge, he need me to provide more witnesses?

    Houston woman Amy Fisher was indicted and committed perjury on Nov. 17, 2014, during her deposition and trial testimony related to the civil trial of Lipinski et. al. v. Meritage Co., Civil Action No. H-10-CV-605. The judge ordered FBI/DOJ investigation and Ms. Fisher was convicted for perjury and punished.

    I read the inditent letter at the case (4:15-cr-00227, US v. Amy Fisher), there were two charges, False declaration in deposition and false declaration before court. US attorney used video tape to prove Fisher's false statements. In my case, I brought up two charges, false declaration statements and false statements during depositions. The only differences are my evidences are photos and documents not video and judge was not in present.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: How to Prove a Perjury Charge

    Quote Quoting worldfg
    View Post
    The 4 Elements of Perjury: An Oath, an Intent, Falsity and Materiality. If meets all these four elements, you can file the complaint to charge someone with perjury, correct?
    Incorrect. Only the local prosecutor (or, in the case of perjury in federal court, the U.S. Attorney) can file criminal charges.


    Quote Quoting worldfg
    View Post
    I was told that you need to provide more than one, may be four witnesses in order to set up a case by a FBI agent. Is it true?
    That's barely a coherent statement. Who told you this?

    Note that it's particularly ludicrous given that perjury can only happen in court proceedings where many people are present and which will often be transcribed, or in written documents signed under penalty of perjury. The only witnesses need would typically be for the purpose of authenticating the documents.


    Quote Quoting worldfg
    View Post
    Is this a common practice?
    Is what a common practice?


    Quote Quoting worldfg
    View Post
    No law or rule regulates this and require how many witnesses you need to have for a perjury case? One witness and one photo (can be Forensic proved) is not enough to prove someone's statements in declaration and deposition are false, committed perjury and bring up a perjury case?
    Despite your use of question marks, these sentences are not questions. If you intended them to be questions, I cannot discern what you intended to ask.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: How to Prove a Perjury Charge

    Quote Quoting worldfg
    View Post
    Thanks for your comments. I was told by a FBI agent that in order to pursuit the perjury charge, he need me to provide more witnesses?
    So, in short the FBI agent told you that he didn't think what you had was strong enough for the agency to be interested in pursuing. That's not unusual. As I said earlier, perjury complaints are not often prosecuted. If the government is not interested in prosecuting it then there is nothing you can do to force prosecution. In the majority of civil cases the only way to deal with a lie in a deposition is to confront the witness with it at trial. Based on the deposition you'll know the witness may repeat the same lie at trial and if he or she does that then you'll be prepared to refute it and undermine the witness' credibility.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Prove a Perjury Charge

    Quote Quoting Taxing Matters
    View Post
    So, in short the FBI agent told you that he didn't think what you had was strong enough for the agency to be interested in pursuing. That's not unusual. As I said earlier, perjury complaints are not often prosecuted. If the government is not interested in prosecuting it then there is nothing you can do to force prosecution. In the majority of civil cases the only way to deal with a lie in a deposition is to confront the witness with it at trial. Based on the deposition you'll know the witness may repeat the same lie at trial and if he or she does that then you'll be prepared to refute it and undermine the witness' credibility.
    I agree. I am familiar with a case where one of the parties committed such blatant perjury (in multiple hearings in multiple states) that the judge who ultimately took jurisdiction of the case read them the riot act in court. However, the other party could not get anyone interested in prosecuting them for perjury.

    1. Sponsored Links
       

Similar Threads

  1. Civil Rights Restoration: How to Prove That a Misdemeanor Battery Charge Was Not Domestic Violence
    By Justsomedude in forum Criminal Records
    Replies: 10
    Last Post: 04-08-2018, 12:45 PM
  2. Retail Fraud / Shoplifting: What Evidence Can Be Used to Prove a Shoplifting Charge
    By brandy25 in forum Criminal Charges
    Replies: 6
    Last Post: 11-15-2015, 10:04 AM
  3. Expungement and Sealing: How to Prove a Charge Was Wrongful For Relief Under ARS 13-4051
    By AmishComputerUser in forum Criminal Records
    Replies: 6
    Last Post: 06-17-2015, 05:23 PM
  4. Perjury: Threatened With Perjury Charge Due to Answers to Confusing Questions
    By melon1989 in forum Criminal Charges
    Replies: 6
    Last Post: 01-23-2012, 12:48 PM
  5. Perjury: Perjury Charge For Helping A Friend At Trial
    By inamerica in forum Criminal Charges
    Replies: 1
    Last Post: 07-20-2005, 10:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources