Federal Perjury Laws in Philadelphia

There are two main federal statutes that prohibit lying to the government:

• Perjury – 18 U.S.C. § 1621: This law makes it a crime to willfully make a false statement, after taking an oath to testify truthfully, in federal official proceedings. An official proceeding includes a federal court case, congressional hearing, federal agency hearing, or grand jury session.
• False Statements – 18 U.S.C. § 1001: This statute bars knowingly and willfully making false representations, concealing information, using fraudulent tricks, schemes or devices when dealing with a federal agency or department. Even unsworn verbal statements have led to charges under this law.

The federal sentencing guidelines provide a base offense level of 14 for perjury, which carries 0-6 months jail time for first offenders. But enhancements quickly ratchet up prison exposure into years based on certain offense characteristics.

When Perjury Charges Get Filed in Philadelphia

There is no definitive list of situations that trigger federal perjury indictments in Philly. But here are some examples of conduct that often leads agents and prosecutors to pursue charges for lying:

• Making false declarations on federal forms, applications, tax returns or other documents submitted to a government agency. For instance, lying about income on a FAFSA form or concealing assets in a Chapter 7 bankruptcy petition.
• Providing bogus information or denying illegal conduct in FBI or IRS interviews related to an underlying federal investigation. For example, falsely claiming to have an alibi for your whereabouts on a particular date.
• Committing perjury while testifying under oath in a federal trial, hearing, deposition or grand jury proceeding. This includes recanting part of a statement you previously made under penalty of perjury.
• Asking another person to lie or conceal evidence in a pending federal matter. Suborning perjury or witness tampering carries additional criminal liability.
• Obstructing justice by impeding the “due administration of justice” in a pending federal case. Even if your statements are technically true, prosecutors can still charge you if your intent was to misdirect or distract officials from discovering the full truth about a case.

As you can see, federal agents and prosecutors in the Philadelphia area have broad discretion on when to charge perjury or false statements. There is no bright line rule. The key factors are whether your conduct was willful and materially deceived federal officials.

Penalties for Federal Perjury Convictions

The maximum punishment for perjury under federal law is up to 5 years imprisonment. The maximum sentence for making false statements to federal agents or agencies is up to 8 years incarceration.

But the actual federal sentencing guidelines provide enhanced penalties based on certain offense characteristics, including:

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• Your criminal history score
• Amount of actual or intended loss in financial fraud cases
• Whether perjury furthered additional crimes
• If the offense resulted in substantial interference with justice
• If the lies caused physical harm or threatened national security

As a result, federal perjury sentences often end up significantly higher than the 5 or 8 year statutory maximum penalties. For example, here are some real world punishments meted out in Philadelphia federal perjury cases:

• 48 months – Defendant lied to FBI about kickback scheme while working for Philadelphia Traffic Court
• 63 months – City of Philadelphia employee faked disability to claim workers compensation benefits
• 70 months – Defendant submitted false tax returns to IRS understating his income
• 96 months – Contractor lied to federal agents during Capitol Hill bid-rigging investigation
• 140 months – Businessman gave perjured testimony to conceal assets in bankruptcy case

In addition to jail time, federal perjury convictions carry financial penalties like criminal fines up to $250,000 and restitution to repay victims’ losses. Immigration consequences also apply for non-citizens charged with perjury.

Fighting Philadelphia Perjury Charges

Once federal prosecutors file an indictment, defeating perjury allegations becomes an uphill battle. But skilled criminal defense lawyers have options to challenge the government’s case, including:

• Attack intent elements – The government must prove you “willfully” lied about a “material” matter. Showing the misstatements resulted from confusion, mistake or faulty memory can undermine these requisite mental states.
• Suppress statements – If agents violated your Miranda rights or coerced a confession, defense attorneys can seek to preclude the jury from hearing your statements.
• Cross-examine witnesses – Credibility battles often determine guilt or acquittal in perjury trials. Skilled cross-examination of agents can expose contradiction, bias or reliability issues in testimony.
• Raise evidentiary issues – Unlike state court, federal judges apply strict evidence rules that frequently bar juries from hearing prejudicial, unreliable or hearsay testimony.
• Seek jury nullification – In exceptional cases with extenuating circumstances, defense lawyers may opt to admit perjury but urge jurors to exercise leniency. While risky, jury nullification appeals occasionally resonate.

If you have been contacted by federal agents or received a subpoena to testify regarding an ongoing federal matter in the Philadelphia area, retaining an experienced criminal defense lawyer is critical. An attorney can guide you on interacting with investigators, assess your potential criminal exposure and build a defense to federal perjury allegations if charges get filed down the road.

I hope this overview on federal perjury laws in Philadelphia and possible defenses provides useful insights. Let me know if you have any other questions!