NATIONALLY RECOGNIZED FEDERAL LAWYERS
18 U.S.C. § 1001 – False statements
|Last Updated on: 4th October 2025, 10:06 pm
A charge under 18 U.S.C. § 1001 for making false statements is what gets people when nothing else sticks. Martha Stewart didn’t go to prison for insider trading – she went down for lying to the FBI. Michael Flynn’s career ended over false statements. Roger Stone got convicted on it.
At Spodek Law Group, we handle these cases constantly. The government loves this charge because it’s easy to prove and carries real prison time. Let me explain exactly what you’re facing.
What 18 U.S.C. § 1001 Actually Covers
Section 1001 makes it a federal crime to knowingly and willfully:
(a)(1) Falsify, conceal, or cover up a material fact (a)(2) Make materially false, fictitious, or fraudulent statements or representations
(a)(3) Make or use any false writing or document knowing it contains materially false statements
You can’t lie to the federal government about important stuff. A conviction lands you in federal prison for up to 5 years. If the false statement involves terrorism – it jumps to 8 years.
The key word is “knowingly.” The government must prove you intentionally misled them. But here’s what they don’t tell you – they’re very good at proving intent.
When This Law Applies – It’s Broader Than You Think
This law covers false statements in any matter involving the federal government:
- Lying to FBI agents during an interview (even informal ones)
- False statements to federal prosecutors (even your lawyer’s statements on your behalf)
- Fake documents to federal agencies (IRS, SEC, Medicare, immigration)
- False statements on federal forms (loan applications, tax returns, security clearances)
- Lying to federal inspectors (OSHA, EPA, FDA)
The FBI agents who show up at your door at 7am asking “just a few questions” – that’s when most 1001 charges happen. They already know the answers. They’re testing if you’ll lie.
What Makes a Statement “Material”
For a statement to violate Section 1001, it has to be “material” – meaning important and relevant to the government’s investigation or decision.
Example that’s NOT material: FBI asks about a fraud scheme. You say you were at the movies Tuesday when really you were home. That’s a lie, but your location that day doesn’t matter to their fraud investigation.
Example that IS material: FBI asks if you know John Smith. You say no. They have emails between you and John discussing the fraud. That lie is material – and you just committed a federal crime.
Federal judges in the Southern District of New York have ruled materiality broadly. If the lie could influence the government’s investigation in any way – it’s material.
The Trap – Omitting Information Is Also a Crime
Under 18 U.S.C. § 1001(a)(1), you can be charged for concealing material facts – not just lying.
Real scenario we’ve seen: FBI interviews you about your business partner’s tax fraud. They never ask about your offshore accounts. You don’t mention them. That omission can be charged as concealing a material fact under 1001.
The FBI at 26 Federal Plaza trains agents on this technique. They deliberately don’t ask certain questions, waiting to see if you volunteer the information. When you don’t – that’s another charge.
Common Situations That Lead to 1001 Charges
IRS Audits: You submit altered bank statements to reduce reported income. That’s 1001(a)(3) – false documents.
Federal Contracts: You certify your company meets minority-owned requirements when it doesn’t. That’s 1001(a)(2) – false representation.
Immigration Applications: You lie about criminal history on naturalization forms. That’s 1001(a)(3) – false writing.
SEC Investigations: You tell investigators you didn’t know about insider trading when emails prove you did. That’s 1001(a)(2) – false statement.
Healthcare Fraud: You bill Medicare for services never provided. The billing forms are 1001(a)(3) violations.
What the Government Must Prove
The SDNY and EDNY U.S. Attorney’s Offices must prove:
- You made a false statement or concealed facts
- The statement/concealment was material
- You acted knowingly and willfully
- It involved a matter within federal jurisdiction
They don’t need to prove you knew it was illegal to lie. They don’t need to show the lie affected the outcome. They just need to show you knowingly lied about something important.
Defenses That Actually Work
Lack of Materiality: Your lie wasn’t important to their investigation. This rarely works – judges define materiality broadly.
No Intent: You were confused, mistaken, or misunderstood. We need evidence – recordings of the interview, proof of language barriers, medical conditions affecting memory.
Ambiguous Questions: The agent’s question was unclear. If they asked “Did you meet with John?” and you thought they meant formally scheduled meetings, not casual encounters – that’s a defense.
Literal Truth: Your statement was technically true, even if misleading. Bill Clinton’s “I did not have sexual relations” defense – it sometimes works.
Exculpatory No: Some circuits recognize that simply denying guilt isn’t a 1001 violation. The Second Circuit (covering New York) has rejected this defense.
The Interview Trap – How They Get You
FBI agents show up at your home or office. They say it’s just a routine inquiry, you’re not in trouble, they need your help with an investigation. They’re friendly, casual, building rapport.
They already have the answers to every question they’re asking. They have your emails, bank records, phone records. They’re not investigating – they’re testing your honesty.
Common tactics:
- Starting with easy questions to get you comfortable lying
- Asking the same question different ways
- Acting confused to make you elaborate on lies
- Good cop/bad cop with two agents
Once you lie, they have leverage. They’ll threaten 1001 charges unless you cooperate against bigger targets.
What to Do If Contacted
Never talk to federal agents without a lawyer. Period. Not at your door, not on the phone, not “informally” at a coffee shop.
Say exactly this: “I’d be happy to help, but I need to speak with my attorney first.” Then shut up.
Don’t explain. Don’t clarify. Don’t say you have nothing to hide. Every word is potential evidence.
If you already talked to them:
- Write down everything you said immediately
- Gather all documents related to their questions
- Call us before they come back – and they will come back
If you get a target letter: You’re about to be indicted. The letter means they have evidence. You have days, maybe weeks before arrest. Use that time wisely.
Sentencing Reality
Federal Sentencing Guidelines for 1001 violations:
- Base offense level: 6 (0-6 months)
- If involving criminal investigation: Level 14 (15-21 months)
- Large financial loss: Levels increase based on amount
- Obstruction enhancement: Add 2 levels if you destroyed evidence
Judges in SDNY and EDNY typically sentence within guidelines. First-time offenders might get probation. Repeat offenders or those who went to trial – expect prison.
Why You Need Spodek Law Group
The U.S. Attorney’s Offices in Manhattan and Brooklyn prosecute hundreds of 1001 cases yearly. These prosecutors know every trick, every defense, every excuse.
We know them too. We know which AUSAs will deal and which want trials. We know which judges are sympathetic to good people who made stupid mistakes.
More importantly – we know how to prevent you from making things worse. The cover-up is always worse than the crime. Martha Stewart would’ve paid a fine for insider trading. She went to prison for lying about it.
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888-724-4815
If federal agents have contacted you, you’re already under investigation. Every day you wait, you risk making statements that become new charges.
Don’t try to explain your way out of this. Don’t think you can outsmart federal agents who do this every day. Don’t become another 1001 statistic.