Do you think Jones should serve time in jail?


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Postby bad hammy » Mon Oct 08, 2007 8:02 am

Daisy wrote:On the other hand there is a connection with her perjury and fraud. It is the latter two that are going to get her jail time.

Maybe I missed something here. What she admitted to was lying to Federal investigators, which is neither fraud nor perjury (which as I understand it means lying under oath in a court of law), but rather 'Obstruction of Justice'.

Law Dude??
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Postby EPelle » Mon Oct 08, 2007 8:06 am

Sec. 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any
matter within the jurisdiction of the executive, legislative, or
judicial branch of the Government of the United States, knowingly and
willfully--
(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;

shall be fined under this title or imprisoned not more than 5 years, or
both.
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Postby bad hammy » Mon Oct 08, 2007 8:09 am

That specifies the act (ie lying) but does not title the crime. As I said, I believe this all falls under 'obstruction of justice'.
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Postby Law dude » Mon Oct 08, 2007 8:30 am

bad hammy wrote:That specifies the act (ie lying) but does not title the crime. As I said, I believe this all falls under 'obstruction of justice'.

No, actually, the Chapter of the US criminal code that includes Section 1001 is titled Fraud and False Statements.
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Postby EPelle » Mon Oct 08, 2007 8:33 am

This was the perjury charge, not to be confused with the Montgomery obstruction charge.

The Northern District of California Criminal Investigation subsequently expanded to include, among other things, investigation into whether various witnesses made false statements during interviews with federal agents.

The act of making false statements, as outlined above, constituted perjury in the eyes of the folks holding violaters to the letter of the law.
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Postby bad hammy » Mon Oct 08, 2007 8:35 am

Law dude wrote:
bad hammy wrote:That specifies the act (ie lying) but does not title the crime. As I said, I believe this all falls under 'obstruction of justice'.

No, actually, the Chapter of the US criminal code that includes Section 1001 is titled Fraud and False Statements.

Thanks - I stand corrected!
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