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MISREPRESENTATIONS
Material Fact Deception.
"Whoever, in any matter within the jurisdiction of any department or agency
of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or
device a material fact, or makes any false, fictitious or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same to contain any false, fictitious or
fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years,
or both." 18 USC § 1001.
Official Certificates or Writings. "Official certificates or writings. - Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided bv law, shall be fined not more than $500 or imprisoned not more than one year, or both." 18 U.S.C. § 1018
False Statements at a Press Conference . - Buckley v. Fitzsimmons, 509 US 259 (1993), 125 LEd2d 209, 113 SCt___ (1993) (Prosecutors held not absolutely immune from 42 USCS §1983 damages claims alleging; fabrication of evidence during preliminary investigation and making of false statements at a press conference.)
42 USCS §1983 - United States Code, Title 42 - The Public Health and Welfare, Chapter 21 - Civil Rights, Subchapter I - Generally, Section 1983. Civil action for deprivation of rights: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia."
DIVERSION OF PUBLIC FISC ASSETS
Reference: 31 USC §§ 3302(b), 3501, and 3502
Title 31, Subtitle III, Chapter 33, Subchapter I, Money And Finance, Financial Management, Depositing, Keeping, And Paying Money Deposits And Depositaries.
Custodians of money:
"...an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury..." 31 U.S.C. § 3302(b)
"...An official or agent not complying with subsection (b) of this section may be removed from office..." 31 U.S.C. § 3302(b)
Title 31, Subtitle III, Chapter 35, Subchapter IV, Money And Finance - Financial Management Accounting and Collection
Distress warrants:
"...When an official receiving public money before it is paid to the Treasury... does not... pay the money as prescribed by law, the Comptroller General shall make the account for the official and certify to the Secretary of the Treasury the amount due the Government..." 31 USC § 3541(a)
"...The Secretary shall issue a distress warrant against the official stating the amount due from the official and any amount paid. The warrant shall be directed to the marshal of the district in which the official resides..." 31 USC § 3541(b)
Carrying out distress warrants:
"...A marshal... shall seize the personal property of the official and sell the property... If the property does not satisfy the amount due under the warrant, the official may be sent to prison..." 31 U.S.C. § 3542(a)
"...The amount due... is a lien on the real property of the official..." 31 U.S.C. § 3542(b)(1)
"...If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official... A buyer of the real property has valid title against all persons claiming under the official..." 31 U.S.C. § 3542(b)(2)
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