How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask rsa.esq Your Own Question
rsa.esq
rsa.esq, Lawyer
Category: Legal
Satisfied Customers: 73
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
70205316
Type Your Legal Question Here...
rsa.esq is online now
A new question is answered every 9 seconds

What Fed statues covers cases where the federal employee

Customer Question

What Fed statues covers cases where the federal employee lies about his oath of office and mispresenting his postion, including conspring with other federal employees to defraud the federal govt. of the same?
Submitted: 12 months ago.
Category: Legal
Expert:  rsa.esq replied 12 months ago.

Hi, I'm scott...hopefully I can provide some useful perspective.

Generally, under federal law, the only oaths found by the supreme to be constitutional -- and that can be applied only to those in positions essential to citizenship responsibilities, like government officials, lawyers and even teachers -- are those recognized under

5 U.S. Code § 7311 - Loyalty and striking

Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—

(1) advocates the overthrow of our constitutional form of government;

(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or

(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;

shall be fined under this title or imprisoned not more than one year and a day, or both.

[https://www.law.cornell.edu/uscode/text/5/7311]

False statement statute may apply:

18 U.S.C. 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, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

If the official is actually involved in a criminal conspiracy the federal RICO statues may apply

18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

In general, attempts by citizen to hold public officials accountable in the context of their oaths of office have not been widely successful: issues of legal standing and requisite intent on the part of the official not being the least of the legal barriers.

For elected officials, federal courts defer to the ballot box, or in the case of Congress, the Executive and Judicial branches to the impeachment process: the phrase "high crimes and misdemeanors" can encompass oath failure issues.

I hope this provides some perspective and resources: I would appreciate a positive rating -- thanks!

Related Legal Questions