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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ive been trying to add funds to my justanswer account this

Customer Question

I've been trying to add funds to my justanswer account this morning. I hope they went.
Anyway, my next question is, if a person commits perjury in a federal civil trial would it be the federal department of justice that would normally be in charge of prosecuting such a case of perjury?
Also if the federal DOJ fails to prosecute an instance of perjury that occurs during a federal trial, can the district attorney of the state in which the perjury was committed file state charges?
I don't suppose so but want to be sure.
Thanks, Phil
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for requesting me. I trust you are well, and I hope that you had a good Easter weekend (or simply a restful weekend if Easter is not your cup of tea).

I do not know of your billing information as I have no access to it, but I am going to assume it is fine - let me know if you have any issues.

Anyway, my next question is, if a person commits perjury in a federal civil trial would it be the federal department of justice that would normally be in charge of prosecuting such a case of perjury?

Not necessarily. In a civil suit, the United States Attorney's Office (the prosecutorial post for the U.S. Dept. of Justice) generally would decline to prosecute a witness' false statement. I am afraid that people lie under oath all the time, or at least stretch the truth. Because they have limited man hours and resources, the United States Attorney's Office concentrates on prosecuting individuals who lie in criminal proceedings...

One can always make a complaint, of course, but, it is up to the US Attorney's office to decide.

Also if the federal DOJ fails to prosecute an instance of perjury that occurs during a federal trial, can the district attorney of the state in which the perjury was committed file state charges?

I am afraid not. Since this is federal court, the federal system (US attorney) has jurisdiction here.

I am sorry for the information being not exactly what you has wished to hear.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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