False Statements

18 U.S.C. § 1001, the same statute under which Martha Stewart was prosecuted, makes it a crime to knowingly and willfully:

falsify, conceal, or cover up a material fact by any trick, scheme, or device;
make any materially false, fictitious, or fraudulent statement or representation; or
make or use any false writing or document knowing that it contains any materially false fictitious, or fraudulent statement or entry in any matter within the jurisdiction of any branch of the government. This section does not apply to judicial proceedings and there are certain limitations for matters within the jurisdiction of the legislative branch.

This phrase—“within the jurisdiction”—broadens the application of this statute to any portion of the federal bureaucracy or federally regulated activity, potentially touching the lives of every citizen. The potential for abuse of this statute is great. It can easily be applied or misapplied to anyone, whether or not they are under oath, have not been warned of your Miranda rights, even if there is no money involved, or if the government was not actually misled.

To convict a citizen the government will have to prove beyond a reasonable doubt:

A statement is material if it has a natural tendency to influence, or is capable of influencing, a decision of the department or agency.

If convicted, an individual can be fined and imprisoned for up to five years in most cases or up to eight years for certain situations, such as those involving terrorism.

What if I’m questioned by a federal agent?

Without legal direction the decision on whether and when to speak to authorities and what to say can have a profound effect on your future. Even a slight misstatement can subject you to criminal liability for a false statement. Likewise, most people are not familiar enough with the pervasive web of federal regulations to know if speaking the truth as they know it can lead to criminal charges. The best course of action is to politely decline to speak with the investigator until you have consulted with an attorney and then let them know that an attorney will be contacting them. You need an aggressive and experienced legal defense team by your side every step of the way. The Law Offices of Roderick C. White will be glad to assist you if you have been contacted by a federal law enforcement agency. Contact us immediately before it is too late.