Knowing you are being investigated for a federal crime can be terrifying. You may have no idea what to say or do.
When we are in these types of situations, it is often tempting to stay quiet or give false information. This is understandable, since a federal criminal conviction comes with many major penalties, including high fines and a potentially mandatory prison sentence.
When you are under investigation, you will likely be questioned by federal agents. Making a false statement to a federal agent can land you in serious trouble.
Federal agents are required to tell you before they question you that making a false statement could result in federal charges. However, your fear or anxiety might still cause you to be untruthful, whether it is leaving out facts or giving outright false information.
If a federal agent believes you lied to them during the investigation, you could be criminally charged.
The law surrounding false statements
According to federal statute, the definition of making a false statement includes:
- Falsifying, concealing or covering up a material fact
- Making any materially false statement or representation
- Making or using any false writing or document knowing the statements in it are false
Under the first piece of the statute, you can be charged for concealing a material fact through fraud. A material fact is one that would make a difference to the outcome of the investigation.
Concealing a material fact can occur without directly making a false statement to the federal agent. For example, you could violate the statute by providing the agent with requested documents and removing one that contains incriminating information.
The second piece of the statute involves false statements. This can be through directly lying to an agent or misrepresenting the facts or a situation.
The third piece of the statute involves non-verbal acts. If you provide a federal agent with a document knowing that it contains a materially false statement or false information, this is a violation of the statute.
Penalties for making a false statement
As with most federal crimes, the potential penalties for violating this statute are major. The crime of lying to a federal agent is a felony, which means a conviction comes with all the negative consequences of any other felony conviction, including fines, prison time, loss of certain privileges and damage to your personal and professional reputations.
Specific penalties for the crime of making a false statement include up to five years in prison. The prison sentence could be increased to eight years if the false statement related to domestic or international terrorism.
Potential defense strategies
You can defend yourself against the crime of lying to a federal agent. Your statement must have been made knowingly and with the intent to deceive. Simply making a mistake or getting confused about the facts does not equal intentionally lying.
Additionally, your false statement must have been material to the investigation. Not all facts are material. You can argue that the false statement would not have made a difference in the results of the investigation.
Not all false statements to federal agents necessarily result in a criminal charge, but it is best to not take that chance.