he statute spells out this purpose in subsection
18 U.S.C. § 1001(a), which states:
(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),
[11] imprisoned not more than 8 years, or both....
Even constitutionally explicit
Fifth Amendment rights do not exonerate affirmative false statements.
[12] In the 1998 case
Brogan v. United States, the Supreme Court rejected the "exculpatory no" doctrine that had previously been followed by seven of the
courts of appeal, which had held that "the mere denial of wrongdoing" did not fall within the scope of § 1001.
[13][2] The
Brogan court stated:
Our legal system provides methods for challenging the Government's right to ask questions —
lying is not one of them.
[13]