False report

“ A false report in military matters, may be truly said to be the ground work of a false return and a false muster, and consequently the primary cause of imposition upon the public. The strictest attention should, therefore, be paid to the most trifling report which is made in a troop or company respecting the presence or absence of men or horses, the state of clothing, accoutrements, or necessaries. This can only be done by the commanding officer of such troop or company having constantly the general good of the service at heart in preference to his own convenience, or to that of others. ”

“ This is the way in which the honest among the diggers are misled. Any bad character gets up a false report: it soon finds its way in certain newspapers, and the Camp officials are held up as the cause of all the mischief. ”

“ While, as pointed out on the former writ of error, the act did not expressly require that these reports 'should contain a 'true' statement of the condition of the association,' yet 'by necessary implication, such is the character of the statement required to be made, and by the like implication the making and publishing of a false report is prohibited.' 206 U.S. p. ”

“ This clause is unquestionably connected with the preceding one, and implies that raising a false report furnishes the wicked man with a pretext for bringing the man, who is suspected of crime on account of this false report, before a court of law ”

“ It is argued that if good faith will excuse an omission or a mistaken statement in this report, it will be widely taken advantage of as a cover for making false and fraudulent statements in such reports in the future. Such a prospect seems quite groundless, since many, if not most, criminal laws imposing penalties are made applicable only in cases where corrupt intent or purpose is established to the satisfaction of a court or jury ”

“ If false statements were made in the affidavit filed in support of the search and arrest warrants, criminal charges should be pursued. There is absolutely no evidence to suggest that the agent in question made false statements. This recommendation is an example of a willingness to disbelieve Federal law enforcement personnel which is manifest throughout this report. Federal law enforcement should verify the credibility and timeliness of the information used in obtaining warrants. ”

“ The British statute punishes the making, circulating, or publishing, with intent to deceive or defraud, of false statements or accounts of a body corporate or public company, known to be false, by a director, manager, or public officer thereof. The New York statute provides that if an officer or director of a corporation knowingly concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition, containing any material statement which is false, he is guilty of a misdemeanor. ”

“ Officers, what offence have these men done?
DOGBERRY.
Marry, sir, they have committed false report; moreover, they have spoken untruths; secondarily, they are slanders; sixth and lastly, they have belied a lady; thirdly, they have verified unjust things; and to conclude, they are lying knaves. ”

“ Individuals who in a registration statement or annual report willfully make any false statement, or willfully omit any fact required to be stated or which is necessary to make any information given not misleading, are subject to a like penalty. ”

“ All persons that do or shall hereafter spread such false reports shall be deemed enemies to the State, and it will be necessary to treat all such people, who do not demean themselves as peaceable citizens, with the utmost severity. ”

“ I have shown you that they are false; that they are without the slightest shadow of foundation in fact. Now, gentlemen, after you hear all this evidence, it is for you to determine. It is for you to say whether these men entered into a conspiracy to defraud this Government. It is for you to say whether our testimony is to be believed, or whether you are to decide this case upon the suspicions of the Government. It is for you to say whether you will believe the contracts and the witnesses, or whether you will take the prejudice of the public press ”

“ Section 35, as amended, makes it a crime knowingly and willfully to 'make or cause to be made any false or fraudulent statements or representations', or to 'make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement of entry in any matter within the jurisdiction of any department or agency of the United States'. ”

“ But it is not sufficient, my lords, that we publish ourselves no fallacious representations of our counsels; it is necessary, likewise, that we do not permit them to be published, that we obviate every falsehood in its rise, and propagate truth with our utmost diligence. For if we suffer the nation to be deceived, we are not much less criminal than those who deceive it; at least we must be confessed no longer to act as the guardians of the publick happiness, if we suffer it to be interrupted by the dispersion of reports which we know to be at once false and pernicious. ”

“ Once the false statement of fact is established, a court may find constitutional malice only if the defendant knowingly falsified or in fact entertained serious doubts as to the truth of its publication. ”

“ Assuming that they were ignorant of the frauds that had been committed and concealed by falsified entries, there was warrant for the conclusion that they could not have failed to acquire sufficient information to be aware that the representations in the official reports of the latter part of the year 1892 were materially false and calculated to deceive. The questions of fact, so far as they arose upon a substantial conflict in evidence, were for the trial court. Citizens Ins. ”

“ The so-called "blue sky" legislation is a well meaning, if partly futile, attempt to meet an existing evil in connection with the sale of corporate securities. We shall find later that five elements are necessary to constitute the action of fraud or deceit: (1) a false representation of a material fact; (2) made with knowledge of its falsity; (3) with intent that it be acted upon; (4) that it be acted upon; (5) damage follows. The courts have almost universally held that a mere statement of opinion does not give rise to a cause of action for fraud, whereas a mistatement of fact does. ”

“ The means used to implement this course of conduct or plan included one or more of the following:
making or causing to be made false or misleading statements to lawfully authorized investigative officers and employees of the United States; withholding relevant and material evidence or information from lawfully authorized investigative officers and employees of the United States ”

“ The disqualification to testify appears to have been limited to those adjudged guilty of treason, felony, forgery, and crimes injuriously affecting by falsehood and fraud the administration of justice, such as perjury, subornation of perjury, suppression of testimony by bribery, conspiring to accuse one of crime, or to procure the absence of a witness, and not to have been extended to cases of private cheats, such as the obtaining of goods by false pretenses, or the uttering of counterfeit coin or forged securities. ”

“ The history of all nations, and more especially of our own, in the fresh recollection of those who took a share in these acts, teaches us that false accusers are always encouraged by a bad government, and may easily deceive a good one. A prompt belief in the spies whom they perhaps necessarily employ, in the voluntary informers who dress up probable falsehoods, is so natural and constant in the offices of ministers, that the best are to be heard with suspicion when they bring forward such testimony. ”

“ If procuring a decree by false allegations, known by the party making them to be untrue, and also by availing himself of false testimony, knowing that it was not true, be not, in judgment of law, such a fraud on the other party as to subject the decree to nullification or event review, why should the fact that the same party, who knowingly alleged the falsehood, induced the false witness to prove it, make a case of remediable fraud? ”

“ The offenses charged under this article were not one and the same offense. This is apparent if the test of the identity of offenses, that the same evidence is required to sustain them, be applied. The first charge alleged 'a conspiracy to defraud,' and the second charge alleged 'causing false and fraudulent claims to be made,' which were separate and distinct offenses, one requiring certain evidence which the other did not. ”

“ I have gone over these cases with great care, and find that the vital element of this crime is, and has ever been, the false and fraudulent representation or statement as to an existing or past fact. Hence, no representation, however false, in regard to a future transaction can be a crime. Nor can a false statement, promissory in its nature, be the subject of a criminal charge.
"To constitute this crime there must always be a false representation or statement as to a fact, and that fact must be a past or an existing fact. ”

“ C. Fraud upon the United States is an essential ingredient of the offenses charged. The offenses charged in Cases No. 634 and No. 635 are violations of the false claims clause, as distinguished from the false statement clause, of the False Claims Act. ”

“ If the defense makes a substantial preliminary showing that a government agent included a false statement knowingly and intentionally or with reckless disregard for the truth in the information presented to the authorizing officer, and if the allegedly false statement is necessary to the finding of probable cause, the defense, upon request, shall be entitled to a hearing. ”

“ The Democratic party of the United States have beheld, with indignation, the chief agents in the frauds, perjuries, and forgeries by which a pretext of documentary evidence was furnished on which to base a false count, rewarded by their appointment in numerous cases to most important civil trusts. ”

“ We are more careful than any paper in this town about verifying every statement we make, before we make it. If we should publish a single statement about anyone that was false even in part we would be suppressed. The judges, the bosses, the owners of the big blood-sucking public service corporations, the whole ruling class, are eager to put us out of existence. Don't forget this fact when you hear the New Day called a lying, demagogical sheet. ”

“ And every interrogatory that was relevant and pertinent in such an examination was material, in the sense that a true answer to it was of the substance of the obligation of the assured. A false answer as to any matter of fact material to the inquiry, would be fraudulent. ”

“ They constitute ample evidence in a record reeking with fraud that Moncharsh was associated with the presentation of the six false invoices. The fact that some of that evidence may have served double duty by also supporting the charge of conspiracy is of course immaterial. ”

“ A rule of evidence adopted by the courts as a protection against fraud and false swearing, would, as was said in regard to the analogous rule known as the statute of frauds, become the instrument of the very fraud it was intended to prevent, if there did not exist some authority to correct the universality of its application. ”

“ Such scandals include cases of the falsification of government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. ”

“ A genuine instrument containing a false statement of facts, used in support of a claim, the party knowing it to be false, and using it with the intent to defraud, presents a case not distinguishable in principle, or in turpitude, or in its mischievous effects, from one in which every part of the instrument is fabricated; and when the one is as fully within the words of the statute as the other, we may well suppose that it was intended to embrace it. ”

“ Perjured witnesses appear as well on paper as honest ones, and where no official record corroborates the evidence given, deception is not only easy, but the temptation to practice it very strong. A change of method in this direction is, in my opinion, absolutely essential to prevent fraud. It is not necessary to wait until a perfect system is presented before authorizing a departure from the present one. ”

“ No one can be permitted to say, in respect to his own statements upon a material matter, that he did not expect to be believed; and if they are knowingly false and willfully made, the fact that they are material is proof of an attempted fraud, because their materiality, in the eye of the law, consists in their tendency to influence the conduct of the party who has an interest in them, and to whom they are addressed. 'Fraud.' said Mr. ”

“ Our independent analysis of the record leads us to agree with the Court of Appeals that none of the proofs, considered either singly or cumulatively, satisfies the constitutional standard with the convincing clarity necessary to raise a jury question whether the defamatory falsehoods were broadcast with knowledge that they were false or with reckless disregard of whether they were false or not. ”

“ Or, take another case mentioned on the argument,-where an attorney has presented a false affidavit, or represented as genuine a fictitious paper. The use of such documents, knowing their character, is a fraud upon the court, an attempt to deceive it, and constitutes such professional misconduct as to justify the imposition of a heavy fine upon him or his temporary suspension or expulsion from the bar, without reference to the materiality of the contents of the false affidavit or of the fictitious paper ”