470
Opinion of the Court
it may exercise its discretion to correct the error. Olano, 507 U. S., at 736 (quoting Atkinson, 297 U. S., at 160).
In this case that question must be answered in the negative. As the Court of Appeals noted, the evidence supporting materiality was "overwhelming." App. to Pet. for Cert. 9a. Materiality was essentially uncontroverted at trial 2 and has remained so on appeal. The grand jury here was investigating petitioner's long-time boyfriend's alleged cocaine and marijuana trafficking and the "disposition of money which was proceeds of this cocaine and [marijuana] distribution activity, including the possible concealment of such proceeds as investments in real estate." App. 5-6. Before the Eleventh Circuit and in her briefing before this Court, petitioner has presented no plausible argument that the false statement under oath for which she was convicted—lying about the source of the tens of thousands of dollars she used to improve her home—was somehow not material to the grand jury investigation.
On this record there is no basis for concluding that the error "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings." Indeed, it would be the reversal of a conviction such as this which would have that effect. "Reversal for error, regardless of its effect on the judgment, encourages litigants to abuse the judicial process and bestirs the public to ridicule it." R. Traynor, The Riddle of Harmless Error 50 (1970). No "miscarriage of justice" will result here if we do not notice the error, Olano, supra, at 736, and we decline to do so. The judgment of the Court of Appeals is therefore
Affirmed.
2 The Government represents—and petitioner has not disputed—that the sum total of petitioner's argument at trial concerning materiality consisted of the following conclusory sentence: " 'I would argue that the element of materiality has been insufficiently proven and that the Court ought to grant a judgment of acquittal.' " Brief for United States 5 (quoting trial transcript); see also Reply Brief for Petitioner 4, n. 5.
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