Federal perjury and false statements

What does perjury mean in federal law?

Perjury is lying under oath. Federal law has two main perjury statutes. They overlap, but they are not the same.

Perjury generally (18 U.S.C. § 1621)

Section 1621 covers anyone who takes an oath in a case where federal law allows one, and then "willfully and contrary to such oath" states a material matter they do not believe is true. It also covers a written declaration signed "under penalty of perjury" under 28 U.S.C. § 1746, such as many federal forms and court filings. It applies whether the statement was made inside or outside the United States.

False declarations in court or before a grand jury (18 U.S.C. § 1623)

Section 1623 covers knowingly making a false material declaration under oath in a proceeding before or ancillary to a federal court or grand jury, such as testimony at trial, at a deposition or before a grand jury. It differs from § 1621 in ways that matter:

• Knowingly, not willfully. Section 1623 requires that the person knew the declaration was false.
• Contradictory statements. If a person made two sworn statements so inconsistent that one must be false, the government does not have to prove which one was false (§ 1623(c)). It is a defense that the person believed each statement was true when made.
• No two-witness rule. Section 1623(e) says proof beyond a reasonable doubt is enough and no particular number of witnesses is needed.
• Recantation. Admitting the falsehood in the same proceeding can bar prosecution in some cases (§ 1623(d)), discussed below.

Getting someone else to lie under oath is subornation of perjury, which also carries up to 5 years (18 U.S.C. § 1622).

Is perjury a felony, and what is the punishment in federal court?

Yes. Federal perjury and false statements are felonies, because they carry more than one year in prison (18 U.S.C. § 3559(a)).

• Mandatory minimum: none.
• Fine: for an individual, up to $250,000 per felony count, or up to twice the gross gain or twice the gross loss, whichever is greater (18 U.S.C. § 3571(b), (d)).
• Supervised release: up to 3 years for these felonies (18 U.S.C. § 3583(b)).
• Time limit: generally 5 years from the offense (18 U.S.C. § 3282).
• Collateral effects: a felony conviction can affect gun rights, professional licenses and immigration status.

How does sentencing work for these charges?

The judge first works out the range under the Sentencing Guidelines, then weighs the factors in 18 U.S.C. § 3553(a). The Commission's Statutory Index (Appendix A) assigns these guidelines:

• § 1001: USSG §2B1.1 (base level 6, plus any loss), or §2J1.2 when the 8-year maximum applies. Under §2B1.1(c)(3), if the conduct in the count of conviction makes out an offense covered specifically by another Chapter Two guideline, the court applies that guideline instead.
• §§ 1621, 1622 and 1623: USSG §2J1.3, base level 14. Levels are added if the perjury resulted in substantial interference with the administration of justice. If the perjury was about a criminal offense, a cross reference to §2X3.1 (accessory after the fact) can produce a higher level tied to that offense.
• §§ 1519 and 1512(c): USSG §2J1.2, base level 14, with increases for substantial interference with the administration of justice and for destroying or altering a substantial number of records or especially probative records, and the same §2X3.1 cross reference.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 1001
• 18 U.S.C. § 1512(c)
• 18 U.S.C. § 1519
• 18 U.S.C. § 1623
• 18 U.S.C. § 1621

How do these cases usually start and move?

False statement charges often grow out of an investigation into something else. Agents interview a person, compare the answers with records and other witnesses, and charge § 1001 when the answers don't match. Sometimes the false statement charge is the only one brought. Perjury charges usually follow grand jury or trial testimony, when the transcript can be compared with other evidence.

The most important point comes before any of this: you do not have to answer agents' questions, and talking with a lawyer before an interview or grand jury appearance is the safer course. A person can be both a witness in someone else's case and a subject of their own. For what to do at each stage, see facing federal charges. False statement and obstruction counts are often charged together with conspiracy, and with misprision of a felony when someone helped hide another person's crime.

For more on the stage before charges, see our guides to federal investigations and the federal grand jury.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment; a "subject" is anyone whose conduct is within the scope of the grand jury's investigation (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Was the statement false? Many cases turn on what the question meant and what the answer meant. An ambiguous question can make it hard to prove the answer was false.
• Literal truth. Under Bronston, a literally true but misleading answer is not perjury under § 1621.
• Knowledge and willfulness. Was it a lie, or a faulty memory, a misunderstanding or a guess?
• Materiality. Was the statement capable of influencing the decision of the agency, court or grand jury? The jury decides (Gaudin).
• Recantation and the two-witness rule. Was there a timely correction under § 1623(d)? In a § 1621 case, does the proof meet the two-witness rule?
• Fischer and Abouammo. For § 1512(c)(2), did the conduct involve impairing records or other evidence? For § 1519, was the case brought where the falsification happened?
• The recording and the notes. Was the interview recorded? If not, how reliable are the agents' notes and reports of what was said?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See how federal criminal appeals work and federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.