The law references possible criminal penalties under Title 18 of the U.S. Code, which can include up to one year of imprisonment. Thomas, however, might be subject to prosecution under 18 U.S. Code 1001, which calls for a fine, imprisonment of up to five years, or both, for making false statements or entries.
Financial-disclosure forms for federal judges are available at judicialwatch.org. Clarence Thomas' forms for 2003-2009 can be viewed at the link below. He clearly has made it a habit to mark "none" under "Spouse's Non-Investment Income."
Clarence Thomas' financial disclosure forms
Thomas also apparently has made it a habit to ignore the warning at the bottom of the disclosure form, which reads:
Note: Any individual who knowingly and willfully falsifies or fails to file this report may be subject to civil and criminal sanctions. (5 U.S.C. app., sec. 104).
As the Rachelle Thomas-Zuill case shows, making false statements on a federal financial-disclosure form can be a serious criminal matter. Will it be treated seriously when the apparent violator is a U.S. Supreme Court justice?
Thanks to Clarence and Virginia Thomas, and the investigative skills of the folks at Common Cause, we might be about to find out.
Update at 11:36 a.m. CST, Jan. 24, 2011
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