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Sec. 1001 Prosecution Can Be Based on False Statements to a Probation Officer

By Shari Allison

US v. Manning, No. 07-5035, 5/16/08 - The Tenth Circuit reverses the dismissal of a prosecution for making a false statement pursuant to 18 USC § 1001. The dismissal had been based on the ?judicial function? exception in § 1001(b).The defendant forgot to mention the $40K he had in a 401(k) when he submitted his financial affidavit to probation after he pled guilty to misappropriating funds as a fiduciary. The government somehow found this out some years later and indicted him under § 1001, rather than charge him with obstruction of justice or perjury. Calling this a "close and difficult" case, Judge Henry, and Judge Gorsuch in a concurrence, agree with the government that both the plain language of § 1001(b) and legislative history support the prosecutability under this statute of making knowingly false statements to probation officers as part of the process of preparing PSRs...continue to full post

Full post as published by Tenth Circuit Blog on May 19, 2008 (boomark / email).