Elie Wiesel stated under oath while giving testimony in the trial of Eric Hunt in San Francisco, California in July 2008 that the number A7713 was tattooed on his left arm. (see Where is the Tattoo? on this site)
Wiesel should have been asked to show his tattoo to the court at that time, but he wasn't. This was a failure of the defense, for sure. But obviously, at that time, Mr. Hunt, the defendant, was not questioning whether Elie Wiesel had been an inmate of Auschwitz-Birkenau.
Since then, Mr. Hunt and others have uncovered video photography of Wiesel's bare left arm from all angles, leaving no reasonable doubt that no tattoo is there. Backing up this conclusion is the fact that Wiesel has also famously refused to ever show his tattoo when requested to do so. For those who will retaliate that Wiesel may have had the tattoo removed, he said as late as March 25, 2010 that he still had the number A7713 on his arm. (see Where is the Tattoo?)
From this, the average man on the street would probably agree that Elie Wiesel has committed perjury (a criminal offense) if he does not indeed have the number tattooed on his arm. The law, according to http://www.lectlaw.com/def2/p032.htm, says:
When a person, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or in any declaration, certificate, verification, or statement under penalty of perjury, willfully subscribes as true any material matter which he does not believe to be true;
In order for a person to be found guilty of perjury the government must prove: the person testified under oath before [e.g., the grand jury]; at least one particular statement was false; and the person knew at the time the testimony was false.
However, in practice, the question of materiality is crucial. Perjury is defined at Criminal-law.freeadvice.com as:the "willful and corrupt taking of a false oath in regard to a material matter in a judicial proceeding." It is sometimes called "lying under oath;" that is, deliberately telling a lie in a courtroom proceeding after having taken an oath to tell the truth. It is important that the false statement be material to the case at hand—that it could affect the outcome of the case. It is not considered perjury, for example, to lie about your age, unless your age is a key factor in proving the case.
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