Criminal Law Questions? Ask a Criminal Lawyer.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:-Could you explain your situation a little more? What was the burden proof? Who charge the woman? Does this woman have any idea who helped her fill out the application and is that person's name on any of the applications?Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
The woman is going to need a criminal defense attorney who deals with Federal Law. The criminal violation of 18 USC sec 1001, which is lying to a federal law enforcement officer. Martha Stewert went to prison because of 18 USC 1001.
You can violate the statute even though the governmental agency suffers no loss because of reliance on the false statement. You can violate the statute even though the false statement is not made directly to the federal government but to a private person or institution which implements federal programs.
The false statement must be a real lie. By that I mean it must be intentional and made with knowledge of its falsity. The statement must relate to a material issue. The test of materiality is whether the statement tends to influence, or is capable of influencing, the decision of the party to whom it is directed, even though that person ignores it.
So with that information in mind, she will need a criminal defense attorney for this type of crime. She will have to enter a plea of "denial" or "Not Guilty" and prove the statement was not intentional and not made with any knowledge of supplementing false information.
I hope that help you to understand the situation so that you can advise her how to proceed. If she can't afford an attorney, she can go to the State Bar of the state where she lives to get recommendations on how to fight thise case. Some states have a legal aid fund for cases like this - call the state bar and find out!
Thank you and have a great day!
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