What is the test for making a materially false, fictitious or fraudulent statement?

MultiRegion, United States of America

The following excerpt is from United States v. Litvak, 808 F.3d 160 (2nd Cir. 2015):

"[I]n order to secure a conviction under [18 U.S.C.] 1001(a)(2), the Government must prove that a defendant (1) knowingly and willfully, (2) made a materially false, fictitious, or fraudulent statement, (3) in relation to a matter within the jurisdiction of a department or agency of the United States, (4) with knowledge that it was false or fictitious or fraudulent." United States v. Coplan, 703 F.3d 46, 78 (2d Cir.2012), cert. denied, U.S. , 134 S.Ct. 71, 187 L.Ed.2d 29 (2013). For purposes of the second element, which is at issue here, "a statement is material if it has a natural tendency to influence, or be capable of influencing, the decision of the decisionmaking body to which it was addressed ...." Id. at 79 (emphasis added).

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