Is Lying to a Federal Agent During an Investigation is a Serious Crime?

Federal Crime of Making False Statements Under 18 U.S.C. § 1001

Under 18 U.S.C. § 1001, it is a federal offense to make a false statement to a government agent regarding a federal matter. These statements can be verbal or written and do not need to be made under oath to result in charges [1.].

“One of the most common ways for someone to face a federal false statement charge involves lying to FBI agents during an interview. Lying is generally not a crime, but as you can see, it depends on who you’re speaking to.”

Federal False Statements – 18 U.S.C. § 1001

Knowingly and intentionally making false statements to a federal agent is a serious offense, punishable by up to five years in prison and fines up to $250,000. Prosecutors often use the False Statement Accountability Act to pressure individuals who they believe are withholding critical information during a criminal investigation.

False statement charges are sometimes used as leverage in investigations or added to other charges like fraud or embezzlement, which involve deception. It’s crucial to recognize that false statement charges are separate from other criminal charges and carry additional penalties that can significantly increase a prison sentence.

Elements of the Crime: Making False Statements

The U.S. Department of Justice (DOJ) has the authority to bring federal charges against individuals who make false statements to the government [2.]. Federal law enforcement agencies may consult with DOJ attorneys before seeking an indictment to determine if the false claims or information meet the threshold for criminal charges.

To secure a conviction for making false statements, federal prosecutors must prove beyond a reasonable doubt that:

• The defendant knowingly made a false statement or used documents containing false information.
• The false statement was made during a legal procedure, such as a hearing or interview.
• The false statement falls within the jurisdiction of a government agency or department, such as the FBI or the U.S. Senate.
• The defendant acted willfully, with intent to deceive.
• The false statement was material, meaning it was relevant to the government agency’s decision-making or activities and had the potential to influence its actions.

Are Federal False Statements Considered a Misdemeanor or Felony?

Federal false statement charges are classified as felonies, carrying penalties of up to five years in prison, or up to eight years if the offense involves terrorism or certain sex offenses [3.]. Additionally, fines may be imposed. The advisory sentencing range for false statements is determined by federal sentencing guidelines.

In typical cases not involving terrorism or sex offenses, the sentencing guidelines under section 2B1.1 apply, the same section used for fraud, embezzlement, and theft offenses. This guideline includes various potential enhancements, such as the amount of financial loss to a victim. For example, if the false statement involved a background check to purchase firearms, the number of firearms would influence the severity of the enhancement.

“In some case, another guidelines section will control, where the “conduct set forth in the count of conviction establishes an offense specifically covered by another guideline.” In other words, if another guideline specifically addresses the offense, that guideline may apply. This small technical point can have massive consequences for sentencing.”

What is the Statute of Limitations for False Statements?

The statute of limitations for federal false statement charges is five years from the date the statement was made or submitted.

Defenses Against Federal False Statement Charges

To secure a conviction for making a false statement, the government must prove beyond a reasonable doubt that you knowingly and willfully made the false statement. In our criminal justice system, you are presumed innocent until proven guilty.

Several defense strategies can be employed by criminal defense lawyers to counter false statement charges, including:

• The statement was not material to the matter at hand.
• The statement did not pertain to a matter within the jurisdiction of the federal government.\
• The statement was not made knowingly or willfully.
• There was no intent to defraud the government.
• Mistaken identity.
• The interrogation was conducted illegally, violating your constitutional rights.
• The prosecution lacks sufficient evidence to secure a conviction.

Importantly, there is no requirement that the statement be recorded for a charge to be brought.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.keglawyers.com/false-statements
2. https://www.findlaw.com/criminal/criminal-charges/false-statements.html
3. https://www.burnhamgorokhov.com/criminal-defense-resources/federal-crimes/1001-false-statements#:~:text=A%20felony.,It%20can%20also%20carry%20fines.