Several Federal statutes criminalize perjury and related false statements. The two most commonly used statutes for perjury offenses are 18 U.S.C. §§ 1621 and 1623. The prior authorization of the Criminal Division is required for investigations or prosecutions of perjury before Congress and contempt of Congress. See also JM 9-90.550. Additionally, United States Attorneys are required to consult with the Criminal Division before instituting grand jury proceedings, filing an information, or seeking an indictment of an individual for perjury committed during a trial that resulted in acquittal. In all other perjury cases, no prior authorization or consultation is required.

Generally, perjury offenses fall under the supervisory responsibility of the Division and Section of the Department having responsibility for the basic subject matter. If such responsibility cannot be identified, or if the Division/Section with jurisdiction over the basic subject matter does not have criminal prosecutive responsibilities, i.e., certain civil litigation sections, supervisory responsibility rests with the Fraud Section of the Criminal Division.

The Federal Bureau of Investigation (FBI) has primary investigative responsibility for perjury violations in all cases and matters involving departments and agencies of the United States, except those arising out of a substantive matter being investigated by the United States Secret Service; Internal Revenue Service; Immigration and Naturalization Service; United States Customs Service; Drug Enforcement Administration; Bureau of Alcohol, Tobacco and Firearms; or United States Postal Inspection Service. The FBI also investigates violations relating to cases and matters not involving the United States government, or its agencies or departments, such as a civil case in a United States District Court between private parties. Upon written request of the Department, the FBI also investigates perjury violations committed in connection with any inquiry or investigation being conducted by the United States House of Representatives or the United States Senate, or their components.

[updated January 2020]