Normally, an element of the tort of fraudulent misrepresentation, the tort of negligent misrepresentation, statutory securities fraud offenses, and a criminal fraud offense based upon a misrepresentation (e.g. perjury) is that the misrepresentation was "material."
One fairly common circumstance in which tort and fraud claims based upon misrepresentations come up is when information is provided on a form or affidavit in connection with a business transaction which contains many required response items, only some of which are material to the parties.
Suppose that the form or affidavit that is completed is true in all respects material to the parties to the transaction (e.g. the representation that the person signing a document has the authority to do so is true), but the form or affidavit contains information in support of that true fact (e.g. detailed information concerning the time and place of execution, and the language of corporate bylaws providing that authority) that are completely and intentionally fabricated.
Has any criminal offense been committed?
Does anyone have a valid basis to bring a tort claim?
Would the conclusion be different if the representation was warranted to be true in a contractual agreement?
If there is no enforceable violation of any law in this situation, is an intentional lie to overcome an artificial bureaucratic hurdle legal? If not, why not?