Lubet also might want to familiarize himself with 18 U.S. Code 1001, the statute under which Thomas-Zuill was prosecuted. The law makes it a crime to knowingly and willfully make "any materially false, fictitious, or fraudulent statement or representation" in any matter "within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States."
How did Thomas-Zuill step in serious doo-doo? She stated on a financial disclosure form that she owned three properties with an outstanding mortgage debt of $866,000, when in fact she owned six properties and had a debt of more than $2.2 million.
That sounds an awful lot like what Clarence Thomas did in failing to disclose his wife's income.
At least one legal expert seems to consider the Thomas revelation a serious matter. Reports the LA Times:
Federal judges are bound by law to disclose the source of spousal income, according to Stephen Gillers, a professor at NYU School of Law. Thomas' omission -- which could be interpreted as a violation of that law -- could lead to some form of penalty, Gillers said.
"It wasn't a miscalculation; he simply omitted his wife's source of income for six years, which is a rather dramatic omission," Gillers said. "It could not have been an oversight."
Common Cause presents a chart that outlines incomes for Virginia Thomas that her husband did not disclose over a five-year period. The organization cites Title 5-Appendix of the Ethics in Government Act of 1978 and notes that Thomas appears to have violated the "financial disclosure requirements of federal personnel." What are the possible penalties? The law notes one avenue:
- 104. Failure to file or filing false reports
(a) (1) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information that such individual is required to report pursuant to section 102. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
4
4
3
