Legal Definitions - false statement

A false statement is a declaration or assertion of fact that is untrue or misleading. In a legal context, such a statement often carries significant consequences, particularly if it is made knowingly, with reckless disregard for the truth, or if it is intended to deceive and influences a decision or causes harm.

Here are some examples illustrating how a false statement might apply:

• Example 1: Loan Application Fraud

  Imagine an individual applying for a mortgage to purchase a home. On the application, they knowingly declare their annual income as $150,000, when their actual income is only $75,000. They do this to qualify for a larger loan than they would otherwise be approved for.

  This is a false statement because the applicant made a direct assertion about their financial status (their income) that was factually untrue and misleading. This false declaration was intended to deceive the lender and influence their decision to approve the mortgage.

• Example 2: Insurance Claim Misrepresentation

  Consider a person filing an insurance claim after their car is damaged. They tell their insurance company that the damage occurred when another driver hit their parked car, but in reality, they caused the damage themselves by driving into a pole. They make this claim because their policy covers damage from other drivers but has a high deductible for self-inflicted damage.

  This constitutes a false statement because the policyholder provided an untrue account of how the damage occurred, intending to mislead the insurance company into covering the repair costs under different terms than their policy actually allows.

• Example 3: Witness Testimony in Court

  During a criminal trial, a witness is called to testify under oath. When asked if they saw the defendant at the scene of the crime, the witness states, "No, I did not see them there," even though they distinctly remember seeing the defendant fleeing the area. The witness makes this statement to protect the defendant, who is a friend.

  This is a false statement because the witness made a direct, untrue assertion of fact while under oath, which is a serious offense known as perjury. This false declaration could significantly impact the outcome of the trial and obstruct justice.