False statement

A false statement is a statement that is either willfully or unknowingly untrue. Though the word fallacy is often used as a synonym for false statement, this is not what is meant by "fallacy" in logic or most formal contexts.

A false statement need not be a lie. A lie is a statement that is known to be untrue and is used to mislead. A false statement is a statement that is untrue but not necessarily told to mislead, as a statement given by someone who does not know it is untrue.

Contents

Examples of false statements

Misleading statement (lie)

John told his little brother that sea otters aren't mammals, but fish, even though John himself was a marine biologist and knew otherwise. John simply wanted to see his little brother fail his class report, in order to teach him to begin projects early, which help him develop skills necessary to succeed in life

Statement made out of ignorance

James, John's brother, stated in his class report that sea otters were fish. James got an F after his teacher pointed out why that statement was false. James did not know that sea otters were in fact mammals because he heard that sea otters were fish from his older brother John, a marine biologist.

In law

In some jurisdictions, false statement is a crime similar to perjury.

United States

Main article: Making false statements

In U.S. law, a "false statement" generally refers to the United States federal false statements statute, contained in 18 U.S.C. § 1001. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of justice, as well as government fraud cases.[1] Its earliest progenitor was the False Claims Act,[2] and Pub.L. 73-394, 48 Stat. 996, enacted June 18, 1934, eliminated the requirement of an intent to defraud the United States.[3]

The statute criminalizes a government official who "knowingly and willfully":[4]

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.

References

  1. ^ Strader, Kelly J. Understanding White Collar Crime, 2 Ed.
  2. ^ Hubbard v. United States, 514 U.S. 695 (1995)
  3. ^ United States v. Yermian, 708 F.2d 365, at 18
  4. ^ 18 U.S.C. § 1001

See also