So your probably sitting there realizing that your testimony before the grand jury or at trial is now being investigated as perjury. Maybe you gave inconsistent answers under oath. Maybe prosecutors claim you lied about material facts. Or maybe your just confused about what you said months ago and now there saying it was false. Look, we get it. Your ABSOLUTELY PANICKING about perjury charges. And you should be TERRIFIED! Because federal perjury under 18 USC 1621 carries 5 YEARS in prison and prosecutors use it to punish anyone who doesn’t give them the testimony they want!
What Is Federal Perjury Under 18 USC 1621?
Let me explain the testimonial trap your facing. Section 1621 punishes willfully making material false statements under oath in federal proceedings – incredibly broad statute turning memory lapses into federal crimes!
The elements seem straightforward but are twisted against defendants: (1) took oath before competent tribunal, (2) testified falsely, (3) testimony was material, (4) acted willfully! Each element is interpreted to maximize prosecutions!
Here’s what’s really scary – “false” doesn’t mean intentional lie! Includes mistakes, faulty memory, confusion, misunderstanding questions! We’ve seen defendants convicted for saying “I don’t recall” when prosecutors claim they SHOULD remember!
“Willfully” supposedly requires knowledge statement was false! But prosecutors argue circumstantial evidence proves you MUST have known! Can’t prove defendant believed statement false? Prosecutors claim “no reasonable person would believe that”!
What’s the Difference Between 18 USC 1621 and 1623?
Two federal perjury statutes with DIFFERENT requirements and defenses!
Section 1621 is traditional perjury statute applying to all federal proceedings – Congress, agencies, courts! Section 1623 applies ONLY to court and grand jury proceedings but has easier proof!
Under 1621, government must prove WHICH specific statement was false! Under 1623, government can just prove two contradictory statements – doesn’t need to show which one was lie! Both can’t be true so one MUST be false!
The “two witness rule” applies to 1621 but NOT 1623! Under 1621, can’t convict on uncorroborated testimony of single witness – need second witness or corroborating evidence! Under 1623, one witness’s contradiction suffices!
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(212) 300-5196Recantation defense exists for 1623 but NOT 1621! If you correct false statement before it substantially affects proceeding, 1623 bars prosecution! But 1621 provides NO recantation defense! Once you testify falsely under 1621, stuck!
Prosecutors choose which statute based on what’s easier to prove! Grand jury or court testimony? Could charge either! They pick 1623 if want to avoid two-witness rule! Pick 1621 if recantation occurred!
What Does “Material” Mean?
Materiality is CRITICAL element but broadly interpreted!
Testimony is material if it has natural tendency to influence decision-maker OR is capable of influencing proceeding! Doesn’t need to actually influence – just CAPABLE of influencing! We’ve seen collateral lies deemed material!
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Can relate to main issue, side issues, or even witness credibility! Lying about whether you talked to co-defendant? Material because affects credibility! Lying about irrelevant detail? Could be material if undermines overall testimony!
The question goes to JURY not judge! Supreme Court held materiality is fact question for jury in perjury cases! Judge instructs on definition but jury decides if testimony meets it!
You testified before a federal grand jury about your knowledge of a coworker's financial dealings, and months later prosecutors are claiming your statements about when you first learned of the scheme were materially false. Now you've received a target letter indicating you're under investigation for perjury under 18 USC 1621, and you're terrified that your inconsistent memory could land you in prison for up to five years.
Can prosecutors really charge me with perjury if I genuinely don't remember the exact timeline of events I testified about?
Under 18 USC 1621, the government must prove beyond a reasonable doubt that you willfully made a false statement about a material fact while under oath — honest mistakes and genuine lapses in memory are not perjury. The key distinction courts look at is whether you deliberately lied versus whether your testimony was simply inaccurate due to confusion or faulty recollection, and your attorney can present evidence of good faith to undermine the willfulness element. We would also examine whether prosecutors can satisfy the 'two-witness rule' or present corroborating evidence, since perjury convictions historically require more than just one person's word against yours. A strong defense strategy may involve demonstrating the inconsistencies in your testimony were immaterial or that the questions posed to you were ambiguous enough to support your interpretation of events.
This is general information only. Contact us for advice specific to your situation.
Prosecutors always argue false statement was material! “Could have influenced grand jury’s decision to indict”! “Might have affected judge’s ruling”! Standard is SO low that almost everything deemed material! We’ve seen perjury for lies about defendant’s height and weight!
Only defense: statement was SO trivial or irrelevant that no reasonable person would consider it capable of influence! Incredibly high bar! We’ve won dismissals when lie was about completely unrelated topic but its rare!
