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How-To: Effectuate a Criminal Prosecution for Perjury


Background: Someone perjured themself during your discrimination lawsuit
Problem: You do not know how to get the government to charge the person with perjury
Solution: You follow this guide for effectuating a perjury prosecution

I. Glossary

Perjury
criminal offense of making false statements under oath. In common law, only a willful and corrupt sworn statement made without sincere belief in its truth, and made in a judicial proceeding regarding a material matter, was perjury. Today, statutes have broadened the offense so that in some jurisdictions any false swearing in a legal instrument or legal setting is perjury. See also subornation of perjury.

II. Legal Citations

Art. I §16(b)(6) FL Constitution
(6) A victim shall have the following specific rights upon request:
a. The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct...

§837.06 FS
Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 18 USC §1001
(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), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

II. Samples

# PDF Comments
1 TBD case. Pro Se Filing. Perjury from Edward Gary Early.
2Federal Prosecutor Filing. US v Jeffrey L. Fortenberry.
3Florida Prosecutor Filing. Florida v Shellie N. Zimmerman.

III. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").
2Citizen Criminal Complaint Form - Duval County (4th Judicial Circuit, FL).

IV. Quick Commentary

  • Prosecutor: Contact your state prosecutor!
  • Feel free to use the template (see Part III - above) to help draft your documentation
  • Please download as many sample documents as you'd like
  • Prepare for your phone call/meeting
    • Fill out the file according to
      1. your circumstances; and
      2. the guidelines of court
    • Proofread your document as much as possible
  • Delivery your documentation to the prosecutor

V. Quick Analysis

  • There are 4 elements to perjury
    • First, the defendant made a false statement;
    • Second, the statement was made in a matter within the jurisdiction of a specific government agency/department;
    • Third, the defendant acted willfully (ie he/she acted deliberately and with knowledge that
      • (a) the statement was untrue; and
      • (b) his/her conduct was unlawful.
      and;
    • Fourth, the statement was material to the activities or decisions of the specific government agency/department (ie, it had a natural tendency to influence - or was capable of influencing - the agency’s decisions or activities).

VI. Additional Notes

  • Consider attaching a summons with your documentation

VII. Conclusion

With the use of the templates/forms (as well as the samples above), you can more easily effectuate criminal perjury prosecution.

Congratulations! You're now booked up on how to Effectuate a Criminal Perjury Prosecution!

Please get the justice you deserve.

Sincerely,



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