Federal False Statements
If you deliver any kind of false statement after being charged with a federal crime, then officials will have a way of finding out. This means that any statement that is proven to be false in the eyes of the court could result in more time being added to any sentence that you receive. The federal government usually frowns upon those who don’t tell the truth because it complicates testimonies and holds cases longer in court than it should take for them to be complete. When you go to court and the prosecution believes that you are making false statements, then you will usually be called out in court and asked to repeat the statement or asked if you are sure that the statement that you made is true. If the prosecution is correct about the statements that you made, then it will usually make it difficult for the court to believe anything else that you say, which means that your case could be in jeopardy.
You can be charged with a crime if you make a false statement when you talk to a federal investigator whether you do so with or without intent. You can also be charged if you try to conceal information, such as not telling the investigator information as this is seen just as negatively as lying. When an investigator approaches you while you’re at home or in another setting, you can be charged if the statements that you make are false. You can also be charged if you make false statements in front of members of Congress or members of the court. You can be charged if you are under oath for making false statements as well as deciding not to take an oath does not offer any kind of protection from what you say.
Unfortunately, the statutes about making false statements are often abused by both the defendant and members of the criminal justice system. Consider the tactics that are used when FBI officers conduct interviews and try to get information from people who they charge with crimes or people who they suspect are committing a crime. There are usually two people in the room at one time when you’re being interviewed. You would think that this would be for your protection, but it’s usually so that the officers can try to get you to say something that contradicts another piece of information that you have already said. One officer will ask you something. After you make a statement, the other officer will write down the details of the statement. Another officer will look at the statements and questions that are written and make a determination about whether you could have given a false statement or not without really knowing any of the true details about what you said because the officer writes down short details. Officers who have already judged you as being guilty will often paint you in this light by writing notes that indicate that your statements could be false. This is only one of the reasons as to why you should consider having an attorney present when you deliver a statement or consider making detailed notes about what you want to say before meeting with the investigator.
Most agents who work for the federal government conduct interviews in the same manner. They have two people in the room so that one can make notes about what you say. Since the opposing side has two people, then it makes sense that you should be allowed to have someone with you as well. Keep in mind that the interviewer has to be able to determine that you knew that you were committing an illegal act by making a false statement as this is one of the ways that the process could play in your favor. When you begin the interview, you are usually told that making any kind of false statement could result in a federal charge. This is one way that investigators can navigate around this issue so that you are still charged for lying even though the federal agents are doing the same thing by making statements in their notes that might not be true. When an agent wants to talk to you, the best thing that you can do is maintain your composure and tell the truth.
Many people don’t realize that making false statements to a federal agent can be punished by up to five years in prison. Under some circumstances, you could have to sit behind bars for eight years. What classifies as a false statement? You could be charged with making federal false statements if you intentionally misled or lied to a federal agent from the FBI, SEC or DEA. Even if they didn’t place you under oath at the time and this occurred during a brief and informal questioning, you could still get charged with making a federal false statement, which is why you have to exercise a high degree of caution when speaking with them.
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How to Get a Conviction
Before you can get charged with making federal false statements, the prosecutor will first have to prove that you willfully or knowingly lied to them. This type of statement is one that is capable of influencing the federal agent’s decisions. Unfortunately, the federal court system gives agents a wide latitude when it comes to prosecuting someone for this crime. You have to exercise a lot of caution if you don’t want to go down this road with federal agents.
Crushing Consequences
Unfortunately, this crime has wreaked havoc upon the lives of many people, and not only do you face prison time but if you have a career as a lawyer, doctor or securities broker, you could lose you could have your license revoked and lose your right to practice that profession. Considering that you face steep and harsh sentencing, you should speak with a criminal defense attorney as soon as you learn that you have received a charge for this. You can’t afford to leave this to chance.
What are the Defenses?
One of the most common defenses that you can use against a charge like this is that the statement given had no reasonable relation to the government. This type of defense focuses on Section 1001, and it requires that the conduct occurred within the agency or department of the United States. Without this type of proof, they may not be able to get a conviction. However, these are federal cases, and federal crimes have a 90 percent conviction rate, which means this isn’t something that you want to mess around with. You want to make sure that you have the best lawyer to stand behind you with this case.
Making a False Statement
To get convicted of this crime, the federal courts will have to prove three different things:
- That you made a false statement or used written materials for a false statement.
- The statement had material related to the government.
- You acted with the intentional purpose of misleading
Along with five years in prison, you could also face a $250,000 fine. For the crime to get added up to eight years in prison, you would have to have made a false connection in connection with terrorism.
Beware of Making Statements
You have a constitutional right not to incriminate yourself, which allows you to plead the fifth. In all situations, you’re normally better off not speaking with a federal agent unless you have your lawyer present because they can defend your rights and ensure that you don’t do anything that could falsely incriminate you. In some cases, they take things that you said out of context with the intention of getting a conviction. Federal prosecutor love to fall back on federal false statement because of how it’s a blanket statute that lets them catch a variety of crimes. While you have no right to lie to them, they have a right to lie to you.
Here at our law firm, we have seen this statute employed many times as a way of getting a person convicted. Any time fraudulent activity is involved, this statute gets employed as a way of getting a conviction. You should also understand that if you gave a false statement that involved a higher dollar amount, this law can be somewhat draconian. The more cash that is involved in the case, the higher the chances that you will get convicted, but having a good lawyer on hand will give you the best chance of avoiding a conviction.