Criminal Defense Lawyers

Philadelphia Federal Perjury Charges: Lying to Federal Agents, Grand Jury, Court

Philadelphia Federal Perjury Charges: Lying to Federal Agents, Grand Jury, Court

Being charged with perjury in federal court is extremely serious. Perjury refers to the crime of lying under oath, either in written form or verbally. In the federal system, perjury charges typically arise when an individual has lied to federal agents, a grand jury, or directly to a judge or in a federal court proceeding. The consequences for a federal perjury conviction can be severe, including substantial fines and years in federal prison. Understanding how federal perjury charges work in Philadelphia is critical to mounting an effective defense.

Federal perjury laws in Philadelphia make it a felony to knowingly make false statements about material facts while under oath. The government only needs to prove that the defendant knew their statements were untrue when they made them. Federal perjury involves an intent to mislead rather than simply being mistaken. Lying to federal agents, a grand jury, or in court proceedings can all lead to perjury charges. Some examples include:

• Lying on an affidavit or declaration under penalty of perjury
• Lying during testimony before a grand jury or judge
• Lying during a deposition or other sworn statement
• Lying on government forms under penalty of perjury
• Lying to FBI agents or other federal investigators

Perjury charges require that the false statements be “material” to the proceedings. This means that the lies must be related to information that could have impacted the investigation or case. Even minor lies under oath can trigger charges if they are material. And inconsistent statements can be used as evidence of perjury.

Penalties for Federal Perjury Convictions in Philadelphia

The maximum penalties for federal perjury in Philadelphia depend on the nature of the proceedings involved:

• Perjury in court proceedings – Up to 5 years in prison
• Perjury in grand jury proceedings – Up to 5 years in prison
• Perjury in other proceedings – Up to 5 years in prison

In addition to imprisonment, federal perjury convictions often carry fines up to $250,000. Immigrants may also face deportation. The actual sentence imposed will depend on the specific circumstances and a defendant’s criminal history. But federal judges have wide discretion when it comes to sentencing and can impose up to the statutory maximums.

Defenses to Federal Perjury Charges

Despite the serious penalties, viable defenses to federal perjury charges do exist in many cases. Some potential defenses include:

• Lack of intent – The government must prove the defendant knew their statements were false. Mistakenly providing incorrect information is not perjury.
• No materiality – If the alleged false statements did not relate to a material issue, perjury charges may be defeated.
• Confusion – Perjury requires willful intent to provide false information. Confusion may negate intent.
• Coercion – If the defendant was coerced into providing false testimony, perjury charges can potentially be avoided.

Raising reasonable doubt about the government’s ability to prove intent, materiality or other elements of perjury can lead to dismissal of charges or acquittal at trial.

The Perjury Process in Philadelphia Federal Court

Perjury investigations in Philadelphia usually begin when federal agents suspect that a witness, defendant or other party has lied under oath. The agents will gather evidence to try to prove the elements of perjury, such as transcripts, documents and witness statements. If the U.S. Attorney’s Office feels the evidence is strong enough, they will seek an indictment from a federal grand jury.

After indictment, the court process proceeds like any federal criminal case. The defendant will be arraigned and have the chance to plead guilty or go to trial. Perjury cases often come down to the jury believing the defendant’s word versus the testimony of federal agents. An experienced Philadelphia federal criminal defense lawyer can analyze the government’s evidence and build an aggressive defense.

Given the severe consequences, it is critical to take any federal perjury investigation seriously from the outset. Hiring a lawyer quickly allows you to decide whether to cooperate with investigators or assert your Fifth Amendment right against self-incrimination. Your lawyer can also negotiate with the prosecution before charges are filed in appropriate cases.

If you have been contacted by federal agents regarding possible false statements or are under investigation for perjury, you need expert legal representation. Do not wait to get help. An accomplished federal criminal defense attorney can protect your rights and future.

Why Federal Perjury Charges Are Common in Philadelphia

Federal perjury indictments occur frequently in the Eastern District of Pennsylvania for several reasons:

• Philadelphia is home to a major U.S. Attorney’s Office that aggressively prosecutes white collar crime.
• Numerous federal agencies like the FBI and DEA have a strong presence in the region.
• Philadelphia’s proximity to Washington D.C. leads to more political corruption cases involving perjury.
• The Eastern District of Pennsylvania has a large caseload of drug, gun, fraud, public corruption, and other federal cases.

Cooperation agreements with prosecutors also commonly require witnesses to testify before the grand jury. Witnesses sometimes end up indicted for perjury instead of receiving leniency. Due to these factors, lying to federal agents or the grand jury is charged frequently in Philadelphia.

Notable Philadelphia Federal Perjury Cases

Some recent noteworthy federal perjury prosecutions in Philadelphia include:

• U.S. v. Fattah – A congressman was convicted of perjury relating to a bribery scheme.
• U.S. v. Spanier – A former Penn State president was convicted of perjury in the Sandusky scandal.
• U.S. v. Werdann – The former head of the Philadelphia Traffic Court was convicted of perjury.
• U.S. v. Kemp – A DEA agent was charged with perjury relating to drug evidence.

These cases highlight how seriously perjury charges are taken in the Eastern District of Pennsylvania. The convictions also show how difficult beating federal perjury allegations can be without an aggressive legal strategy.

Finding the Best Philadelphia Perjury Defense Lawyer

The stakes are extremely high in federal perjury cases, so choosing the right defense lawyer is crucial. Look for an attorney with extensive experience in the Eastern District of Pennsylvania and a proven track record with perjury and false statement charges. A skilled federal criminal defense lawyer will thoroughly investigate the prosecution’s evidence and build the strongest defense possible. They will also negotiate aggressively with the prosecution and be prepared to take your case to trial if necessary. Don’t leave your future to chance – get the experienced federal perjury defense representation you deserve.

Conclusion

Federal perjury indictments need to be taken seriously. But viable defenses are often available with an experienced Philadelphia federal criminal defense attorney. The penalties for conviction are harsh, so consulting with a lawyer immediately if you are being investigated is critical. An effective advocate can protect your rights, avoid charges if possible, or win dismissal of the case. Don’t wait to get experienced legal help when facing federal perjury allegations in Philadelphia.

References

United States v. Dunnigan 507 U.S. 87 (1993)

United States v. Gaudin 515 U.S. 506 (1995)

United States v. Sherman 455 F.3d 248 (3d Cir. 2006)

United States v. Sarwari 655 F.3d 701 (7th Cir. 2011)

https://www.justice.gov/usao-edpa/pr/former-us-congressman-chaka-fattah-sr-sentenced-10-years-prison-fraud-money-laundering

https://www.mcall.com/news/pennsylvania/mc-nws-penn-state-graham-spanier-conviction-upheld-20190423-story.html

https://www.inquirer.com/philly/news/20160223_Former_Phila__Traffic_Court_judge_convicted_of_lying_to_grand_jury.html

https://www.justice.gov/usao-edpa/pr/former-dea-agent-charged-perjury-and-related-offenses-connection-drug-evidence