April 6, 2013
6th Circuit: Half-Truths or Omissions Are Not False Statements.

A 6th Circuit Court of Appeals panel ruled this week that a man cannot be convicted of making false statements for offering half-truths and omissions when the statute covers ‘false statements.’ The court stated there was no doubt that both half-truths and omissions hold the potential to mislead and deceive, but a statute covering ‘false statements’ does not cover misleading statements, false pretenses, schemes, trickery, fraud or other types of deception. The case is USA v. Kurlemann, opinion No. 13a0088a-06.

I am alerting you to this because many of Ohio statutes only cover "false statements." For example:
  • 2921.11(A) Perjury. No person, in any official proceeding, shall knowingly make a false statement under oath or affirmation, or knowingly swear or affirm the truth of a false statement previously made, when either statement is material.
  • 2921.13(A) Falsification. (A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies: (1) The statement is made in any official proceeding. (2) The statement is made with purpose to incriminate another. (3) The statement is made with purpose to mislead a public official in performing the public official’s official function.
  • 2923.1210 CCW Renewal Application form. "I understand that if I knowingly make any false statements herein I am subject to penalties prescribed by law. I authorize the sheriff or the sheriff’s designee to inspect only those records or documents relevant to information required for this application."
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