In what circumstances will the appellants be able to rely on the two-witness rule under Section 1001 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. McCue, 301 F.2d 452 (2nd Cir. 1962):

The appellants' other contentions with respect to Section 1001 are equally without merit. Not having raised the point in the lower court, the appellants cannot now rely on the two-witness rule. In any event the rule has been held to be inapplicable to prosecutions under Section 1001. Fisher v. United States, 254 F.2d 302 (9th Cir.), cert. denied, 358 U.S. 895, 79 S.Ct. 157, 3 L.Ed.2d 122 (1958); United States v. Killian, 246 F.2d 77 (7th Cir. 1957); Todorow v. United States, 173 F.2d 439 (9th Cir.), cert. denied, 337 U.S. 925, 69 S.Ct. 1169, 93 L.Ed. 1733 (1949). Even if there is a separate requirement of "materiality," and we held in United States v. Silver, 235 F.2d 375 (2d Cir.), cert. denied, 352 U.S. 880, 77 S.Ct. 102, 1 L.Ed.2d 80 (1956) that there is not, the false statements involved in the present case were clearly material to the investigation.

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