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What are the penalties for lying during a government audit?

The Dangers of Lying During a Government Audit: Penalties and Consequences

At Spodek Law Group, we’ve seen firsthand the severe repercussions that can result from lying or providing false information during a government audit. Whether it’s a tax audit by the IRS, a securities investigation by the SEC, or any other type of federal inquiry, being dishonest with government officials is never a good idea. In fact, it can lead to criminal charges, substantial fines, and even imprisonment.As a premier federal defense law firm, we want to make sure you understand the risks of lying during an audit – and the importance of having skilled legal representation if you find yourself in this precarious situation. Our experienced attorneys have defended countless clients facing charges related to false statements made during government audits and investigations. We know what it takes to protect your rights and minimize the potential fallout.

What Constitutes Lying During an Audit?

First, let’s clarify what we mean by “lying” in the context of a government audit. This can include:

  • Making false statements, either verbally or in writing
  • Providing inaccurate or incomplete information
  • Withholding relevant facts or documents
  • Destroying or altering records
  • Encouraging others to lie on your behalf

Importantly, you don’t have to be under oath to face penalties for lying to federal agents or investigators. Any materially false statement made in connection with a federal inquiry can expose you to criminal liability under 18 U.S.C. § 1001. This statute prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in “any matter within the jurisdiction” of the federal government.

Penalties for False Statements During an Audit

The consequences for lying during a government audit can be severe. Under 18 U.S.C. § 1001, making false statements is a felony offense that carries a maximum sentence of up to five years in federal prison, along with substantial fines. And if the false statement involves terrorism or certain sex offenses, the maximum sentence increases to eight years.But the risks don’t end there. Lying during an audit can also lead to additional charges, such as:

  • Perjury (if you lie under oath)
  • Obstruction of justice
  • Conspiracy to defraud the government
  • Aiding and abetting false statements

Each of these offenses carries its own set of harsh penalties, including lengthy prison terms and hefty fines. Moreover, a conviction for lying during an audit can have devastating professional and personal consequences, damaging your reputation and making it difficult to find employment or obtain loans in the future.

Offense Maximum Prison Sentence
False Statements (18 U.S.C. § 1001) 5 years (8 years for terrorism/sex offenses)
Perjury (18 U.S.C. § 1621) 5 years
Obstruction of Justice (18 U.S.C. § 1503) 10 years
Conspiracy to Defraud the U.S. (18 U.S.C. § 371) 5 years

Note: Fines may also be imposed in addition to, or instead of, imprisonment.

Real-World Examples

To illustrate the seriousness of lying during a government audit, consider these high-profile cases:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Martha Stewart: The domestic diva served five months in federal prison after being convicted of making false statements to investigators during an insider trading inquiry. Notably, Stewart was never charged with insider trading itself – it was her lies that ultimately led to her downfall.
  • Bernie Madoff: While Madoff’s massive Ponzi scheme was undoubtedly illegal, his 150-year prison sentence was driven in large part by the numerous false statements he made to SEC investigators over the years in an effort to conceal his fraud.
  • Rod Blagojevich: The former Illinois governor was sentenced to 14 years in prison for various corruption charges, including making false statements to the FBI about his role in a scheme to sell Barack Obama’s vacant Senate seat.

These cases underscore a crucial point: even if you believe you’ve done nothing wrong, lying to federal officials is a serious crime in itself. It’s simply not worth the risk.

What to Do If You’re Facing an Audit

If you find yourself on the receiving end of a government audit or investigation, the most important thing you can do is seek experienced legal counsel right away. At Spodek Law Group, our skilled attorneys have a deep understanding of federal law and procedure, and we know how to navigate the complex audit process while protecting your rights at every turn.Some key steps we can help with include:

  1. Communicating with investigators: We’ll interface with the agents or officials conducting the audit, ensuring that you don’t say or do anything that could be used against you later.
  2. Reviewing documents: We’ll carefully examine any records or information requested by the government, making sure that what you provide is accurate and complete.
  3. Preparing for interviews: If you’re called in for questioning, we’ll be by your side to advise you and make sure you understand the implications of your statements.
  4. Challenging improper requests: If the government oversteps its authority or makes unreasonable demands, we’ll push back and fight to limit the scope of the audit.
  5. Negotiating resolutions: In the event that charges are filed, we’ll work tirelessly to achieve the best possible outcome, whether that means negotiating a plea deal or mounting a vigorous defense at trial.
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