KNOWINGLY AND WILLFULLY

L.A. County: Over 2,000 mail-in ballots sent without the option to vote for president

Nearly 2,100 mail-in ballots were sent to voters in Los Angeles without the option to vote for the next president of the United States, according to...

Researchers discover antibody molecule they say can prevent, treat COVID-19

John Solomon at JustTheNews.com Reports University of Pittsburgh School of Medicine researchers report they have identified a tiny antibody molecule that neutralizes the COVID-19...

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Former Resident of Stockton, California Sentenced to More Than 15 Years in Prison for Human Trafficking Convictions

Sharmistha Barai, 40, formerly of Stockton, California, was sentenced Friday, Oct. 2 to 15 years and eight months in prison for forced labor violations. On...

Former FBI Lawyer Kevin Clinesmith to plead guilty in Durham probe

Former FBI lawyer Kevin Clinesmith will plead guilty to making a false statement in the first criminal case arising from U.S. Attorney John Durham's review of...

The prohibition of 18 U.S.C. § 1001 requires that the false statement, concealment or cover up be “knowingly and willfully” done, which means that “The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but § 1001 does not require an intent to defraud — that is, the intent to deprive someone of something by means of deceit.” United States v. Lichenstein, 610 F.2d 1272, 1276-77 (5th Cir.), cert. denied, 447 U.S. 907 (1980). The government may prove that a false statement was made “knowingly and willfully” by offering evidence that defendants acted deliberately and with knowledge that the representation was false. See United States v. Hopkins, 916 F.2d 207, 214 (5th Cir. 1990). The jury may conclude from a plan of elaborate lies and half-truths that defendants deliberately conveyed information they knew to be false to the government. Id. at 214-15.

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Original source: Justice.gov

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