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JENN
JENN, Paralegal
Category: Criminal Law
Satisfied Customers: 184
Experience:  I have a B.A Degree. in Business Management. I have 6 years as a Paralegal.
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What can be done to help a 59 year old women who is

Customer Question

What can be done to help a 59 year old women who is being charged with violating 18 u.s.c 1001: FALSE STATEMENT because she recieved
housing benefits(Section 8) for her disabled son for four years based on an application that she filled out "as directed" by the government employee in charge of helping her. At the time of the application she was "depressed" and under care of a pyschiatrist for stress, etc. Also she has a handicap in that she is mentally "slow" since childhood(Special Ed).
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JENN replied 6 years ago.

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.

Customer: replied 6 years ago.
She found out that she was being endicted when the FBI came to her job and arrested her. As I understand the false statement charge has to do with her application for benefits for her handicap son who she is caretaker for and failure to disclose her personal income. She tried to disclose her income but was misguided and manipulated by the intake clerk. She gave the information but it was ommitted.
She only has the number from the document that had the corect information but the document can't be located. She doesn't remember the clerk's name.
Expert:  JENN replied 6 years ago.

Hello -

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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