TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P44

Gale Encyclopedia of American Law Volume 9 P44 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 418 SUBPOENA A sample subordination agreement. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE A PART OF CENGAGE LEARNING. Subordination Agreement SUBORDINATION AGREEMENT FULL FOR VALUABLE CONSIDERATION receipt of which Is acknowledged Creditor the beneficiary of a security interest granted by Debtor dated month day year hereby agrees to fully subordinate to Senior Creditor the creditor s security interest against the debtor in the following amount . Signed this day of month year . Creditor Agreed to Debtor It is a criminal offense to induce someone to commit perjury. In a majority of states the offense is defined by statute. Under federal criminal law 18 . 1622 five elements must be proved to convict a person of subornation of perjury. It first must be shown that the defendant made an agreement with a person to testify falsely. There must be proof that perjury has in fact been committed and that the statements of the perjurer were material. The prosecutor must also provide evidence that the perjurer made such statements willfully with knowledge of their falsity. Finally there must be proof that the procurer had knowledge that the perjurer s statements were false. when there is a criminal conspiracy to suborn perjury the conspirators may be prosecuted whether or not perjury has been committed. It is also quite common to join both subornation of perjury and obstruction of justice counts in a single indictment when they arise from the same activity. The Federal Sentencing Guidelines recognize two types of circumstances that enhance the criminal sentence for subornation of perjury. An offense causing or threatening to cause physical injury to a person or property damage in order to suborn perjury is one circumstance. The other is when subornation of perjury resulted in substantial interference with the administration of justice which includes a premature or improper termination of a felony investigation an indictment a verdict or any .