Truth and Consequences: Helping Company Executives Understand (And Ward Against) the Ever-Present Threat of False Statements and False Certifications

Book Chapter (Chapter 6), American Bar Association - The State of Criminal Justice 2017

Today's busy executives and compliance officers already have plenty of compliance-related concerns on their collective plates. That said, one of the most basic objectives when dealing with the federal government is to not make any false statements in submissions to the federal government. Although this, on its face, may strike many readers as simultaneously self-evident and a relatively light lift, in practice —and in the context of today's modern (and often transnational) company or organization — ensuring that such statements are, in fact, completely accurate is routinely fraught with danger. This chapter focuses on the elements of a Section 1001 violation, as well as the interplay between Section 1001 charges and those brought for other substantive crimes. Finally, the chapter explores the ways in which compliance officers and their compliance functions can limit liability under Section 1001.