What is the test for determining whether a statement made under Section 1001 of the Criminal Code is "literal truth" even if it is technically false?

MultiRegion, United States of America

The following excerpt is from U.S. v. Shanks, 608 F.2d 73 (2nd Cir. 1979):

1 In Ehrlichman, the court's major concern was with the absence of any transcript or written record of the proceedings giving rise to the allegedly false statement. The court suggested that the "literal truth" test of Bronston v. United States, 409 U.S. 352, 93 S.Ct. 595, 34 L.Ed.2d 568 (1973), should not be limited to perjury cases, and should be applied to 1001 prosecutions as well, but that in the absence of a transcript it would be almost impossible to ascertain whether the allegedly false statement was "literally true" even if technically false. 379 F.Supp. at 292. Of course we face no such problem in this case. It is conceded that the "Sanchez statement" is false, and the statement is contained in a signed, verified writing.

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