; or (ii) any of the material elements are knowingly fabricated. (C) In determining that an application is frivolous, the Secretary or the Attorney General, must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. (D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3).) or protection pursuant to the Convention Against Torture. . 4107. Anti-fraud investigative work product (a) Asylum credibility determinations Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B)(iii) ) is amended by inserting after all relevant factors the following: , including statements made to, and investigative reports prepared by, immigration authorities and other government officials . (b) Relief for removal credibility determinations Section 240(c)(4)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4)(C) ) is amended by inserting after all relevant factors the following: , including statements made to, and investigative reports prepared by, immigration authorities and other government officials . 4108. Penalties for asylum fraud Section 1001 of title 18 is amended by inserting at the end of the paragraph— (d) Whoever, in any matter before the Secretary of Homeland Security or the Attorney General pertaining to asylum under section 208 of the Immigration and Nationality Act or withholding of removal under section 241(b)(3) of such Act, knowingly and willfully— (1) makes any materially false, fictitious, or fraudulent statement or representation; or (2) makes or uses any false writings or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry