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Perjury and False Statements
During the Monica Lewinsky scandal of the late 1990s, it became fashionable for commentators to decry the relative lack of perjury prosecutions arising out of civil matters. These critics were generally spot on: Criminal prosecutors, busy with their own caseloads, rarely have an appetite to plunge into complicated civil lawsuits in search of those who obstruct the civil justice system.
Much more common, of course, are prosecutions for: 1) false statements to federal investigators, under 18 U.S.C. ' 1001; and 2) lies under oath during grand jury proceedings, 18 U.S.C. ' 1623 or, less frequently, criminal trials. 18 U.S.C. ' 1621. The simplest reason is that the prosecutor ' the only actor in the justice system with the authority to charge defendants with perjury ' is present at the time of the crime. If the lie is serious enough, the prosecutor has the authority to vindicate the sanctity of the oath or the integrity of the investigation.
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