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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
21 JUN 2025 · 4 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: FRAUD · EMPLOYMENT
DOCKET NO. 017 · THE DEFENSE DESK

Is it a crime to lie on a resume or job application?

Usually it costs you the job. Sometimes it costs you your liberty. The difference is who reads the application, what the lie claimed, and whether money moved because of it.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 21 JUN 2025 · 4 MIN READ
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The civil default.

Most resume lies are not crimes. Inflating a title, stretching dates, claiming fluency you lack - employers can fire you for it, rescind offers, and in some states sue, but prosecutors are not involved. Employment in the private sector is a private contract, and the padding of it is handled by HR, not the FBI.

Where it becomes federal.

Three doors take a resume into criminal territory. Door one: government applications. Lying on an SF-86, a federal employment form, or any application within federal jurisdiction is a § 1001 false statement - five years. Door two: credentials. Claiming a medical license, a law license, a CPA - practicing on fake credentials stacks state crimes quickly, and using the mails or wires to do it invites federal fraud counts. Door three: money. If the lie induced compensation - a fabricated degree that won a $400,000 position - prosecutors have charged it as wire fraud, because every email in the hiring process is a wire.

A special mention for security clearances and immigration forms: those lies are charged routinely, because the forms warn you in bold and the agencies check.

IF THIS IS YOUR SITUATION
Stop reading. Start defending.

Stolen valor and diploma mills.

Claiming military decorations you did not earn - to obtain money, property, or other tangible benefit - is its own federal crime under the Stolen Valor Act of 2013. Fake degrees from diploma mills sit one step behind: the degree itself may not be criminal to hold, but deploying it to obtain benefits walks straight into fraud statutes. The pattern across all of it: the lie plus a benefit equals a case.

If an investigator is already asking.

An OIG interview about your application, an HR “verification” call routed through counsel, a clearance re-investigation - these are not paperwork. They are the record being built. Answer nothing substantive until a defense lawyer knows what form you signed, what it claimed, and what the government can prove. Most of these cases are declinable, negotiable, or correctable - if the first interview does not close the doors.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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