11th Cir. Pattern Jury Instr. (Criminal) O36

18 U.S.C. § 1001

It’s a Federal crime to willfully make a false or fraudulent statement to a

department or agency of the United States.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant [made the statement] [made or used the document],

as charged;

(2) the [statement] [document] was false;

(3) the falsity concerned a material matter;

(4) the Defendant acted willfully, knowing that the [statement]

[document] was false; and

(5) the [false statement] [false document] was made or used for a

matter within the jurisdiction of a department or agency of the

United States.

A [statement] [document] is “false” when [made] [used] if it is untrue when

made and the person [making] [using] it knows it is untrue. The Government

doesn’t have to show that the Governmental agency or department was, in fact,

deceived or misled.

[When Government agents are conducting an investigation, a false “no” in

response to a question is a false statement.]

[United States Citizenship and Immigration Services, Department of

Homeland Security, is an agency of the United States. Filing documents with that

agency to produce a change in an alien’s immigration status is a matter within that

agency’s jurisdiction.]

The [making of a false statement] [use of a false document] is not a crime

unless the falsity relates to a “material” fact.

A “material fact” is an important fact – not some unimportant or trivial detail

– that has a natural tendency to influence or is capable of influencing a decision of

a department or agency in reaching a required decision.