Also known as:suborn perjury · suborns perjury · suborned perjury · suborning perjury
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of the intentional procurement or inducement of another person to commit perjury.
Sources & Authorities
How it applies
Common Examples
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Attempt Charge Fails on Immateriality
Stephen Shaw directs a paralegal to obtain a sworn affidavit from Sophia Singh about the color of storage boxes in a room. All parties agree the color is undisputed and would not affect any claim or defense. Even if Sophia signs and the affidavit is filed exactly as planned, the statement lacks materiality. Prosecutors charge Stephen with attempted subornation of perjury, but the court dismisses the charge because no completed offense could occur under the facts Stephen envisioned.
Inducement Leads to Perjury Conviction
Sasha Stone urges Serena Soto to testify falsely under oath in a federal proceeding about the timing of a corporate filing. Serena agrees and delivers the false testimony. Sasha is later charged with subornation of perjury because she procured the perjurious statement that actually occurred.
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Cases
Common Law
Casebooks
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Sofia Stern convinces Steven Silva to swear falsely before a grand jury about events in a police encounter. Steven testifies as directed. Sofia faces subornation charges because she induced the perjury that took place in the proceeding.
Immunity Bars Civil Claim
Sentinel Security's counsel induces a witness to give false testimony at trial. After the witness is disbelieved, the opposing party sues the counsel for damages tied to the subornation. The court dismisses the suit because absolute immunity protects the attorney from civil liability arising out of the induced perjury.
Work Product Reveals Subornation
Southland Foods' investigator prepares a report showing that a supervisor directed employees to give false sworn statements in an agency hearing. When the investigator testifies, the report is disclosed. The disclosure supports a later subornation prosecution against the supervisor who procured the perjury.
Knowledge of False Testimony
Solstice Ventures' manager tells a subordinate to testify falsely under oath in a regulatory hearing. The manager knows the testimony will be false yet proceeds. The manager is convicted of subornation because the procurement occurred with full awareness that perjury would result.
Common questions
Frequently Asked
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What must the government prove to establish subornation of perjury?+
The government must show that the defendant intentionally procured or induced another person to commit perjury and that the other person actually committed the perjury in a proceeding where an oath was required. The induced statement must be false and material.
Supporting sources
Does legal impossibility bar an attempt charge for subornation of perjury?+
Yes. If even the completed conduct as the defendant envisioned it would lack an essential element such as materiality, the defendant cannot be convicted of attempted subornation of perjury.
Supporting sources
How does subornation of perjury differ from aiding and abetting perjury?+
Subornation is treated as a distinct substantive offense at common law and under statute, carrying the same maximum penalty as perjury itself, whereas aiding and abetting is a derivative theory of liability.
Supporting sources
Can a lawyer be civilly liable for suborning perjury through witness testimony?+
No. Witnesses and the lawyers who present them enjoy absolute immunity from civil damages based on testimony given in judicial proceedings, even when the testimony is alleged to be false.
Supporting sources
365 U.S. 167, 174Constitutional Law
…prosecutions, inspired by mere mercenary considerations, prosecuted in a spirit of plunder, aided by the crimes of perjury and subornation of perjury, more reckless and dangerous to society than the alleged offenses out of which the cause of action may have arisen. It is a covert attempt to transfer another large portion of jurisdiction…