Making False Statements - Title 18 U.S.C. § 1001
18 U.S.C. 1001 is a federal law that prohibits making false statements, concealing facts, or using false documents. It applies to statements made to the executive, legislative, or judicial branches of the US government.
This law prohibits knowingly and willfully making false, fictitious, or fraudulent statements, concealing or covering up a material fact, or making or using false writings or documents.
Violations of 18 U.S.C. 1001 can result in a significant fine, imprisonment for up to five years, or both a fine and imprisonment. These penalties underscore the seriousness of making false statements under federal law.
It's important to note that there are exceptions to this law. For instance, statements made by a party to a judicial proceeding or their counsel to a judge or magistrate and statements made during investigations or reviews conducted by a committee, subcommittee, commission, or office of Congress are not considered violations of 18 U.S.C. 1001.
Simply put, 18 U.S.C. 1001 makes it a federal crime to make a false statement to a government agent about a federal issue. The law's broad scope means that the statements could be made verbally, in person, or in writing and do not have to be made under oath to be charged under this federal statute.
This broad scope should serve as a caution to all individuals dealing with federal matters. A common way for someone to face a federal false statement charge involves lying to FBI agents during an interview. Lying is generally not a crime, but it depends on who you're speaking to.
Federal prosecutors often use the False Statement Accountability Act to indict someone or threaten to indict someone they believe is not cooperating with a criminal investigation.
In other words, intentionally making false statements or concealing a material fact to a federal agent or investigator is a federal crime. Investigators and prosecutors often use the threat of a false statement charge to gain an advantage against someone they believe has important information for their case.
A false statements charge might also be added to another criminal charge, which often involves deception, such as fraud or embezzlement. Making false statements is separate from any other charges and carries penalties that can add years to a potentially already lengthy prison sentence.
What Does Federal Law Say?
Title 18 U.S. Code 1001 Statements or entries generally say -
"(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact.
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings, or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection shall apply only to -
(1) Administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) Any investigation or review conducted pursuant to the authority of any committee, subcommittee, commission, or office of the Congress, consistent with applicable rules of the House or Senate."
False Statements Defined by Statute
According to 18 U.S.C. 1001, making false statements or concealing anything from a federal agent or investigator who is a member of any governmental branch is a federal offense. A "false statement" includes a material omission, a misrepresentation, or the use of a fraudulent document.
Whoever is making the statement must have intended to deceive the government agent. Specifically, it is a crime for whoever, in any issue within the jurisdiction of the executive, legislative, or judicial branch of the United States Government, knowingly and willfully to:
- Falsify, conceal, or cover up by any trick, scheme, or device a material fact.
- Make any materially false, fictitious, or fraudulent statement or representation.
- Make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.
Notably, any facts that are not "material," meaning not important to the outcome of the proceeding, even if they can be proven false, do not support a prosecution under 18 U.S.C. 1001. Also, errors that are not important will not be prosecuted under this statute.
The government official involved in false statement charges is often a Federal Bureau of Investigation (FBI) agent. Still, they may also work with the Internal Revenue Service (IRS), Drug Enforcement Agency (DEA), or any other federal agency.
The best way to avoid making a false statement charge is to refrain from speaking with federal agents until you have an attorney present.
If federal law enforcement agents show up at your home with a search warrant, just remain calm and silent and contact your lawyer. Your attorney can advise you on your rights and ensure that you do not inadvertently make a false statement during the investigation.
What are Related Federal Offenses?
Several crimes are related to 18 U.S.C. 1001 false statements, including the following:
- 18 U.S.C. 1035, which makes it illegal to make a false statement related to health care matters. This type of statement could include lying about your health or income to receive benefits in a health care program fraudulently.
- If you made the false statement with the intent to influence, obstruct, or impede a federal investigation, then you could also face charges for obstruction of proceedings under 18 U.S.C. 1505.
- If the false statement was made while under oath in a federal court or during a congressional hearing, you could also be charged with the federal crime of perjury under 18 U.S.C. 1621.
What are the Penalties for False Statements?
While the laws on false statements are broad, it might be difficult for the government to secure a conviction because it must prove beyond a reasonable doubt that the defendant knowingly and willfully made a false statement.
This means that the government must provide strong evidence that the defendant intended to deceive the government agent with their false statement.
The prosecution must prove, beyond a reasonable doubt, that the statement was materially false, made regarding a matter within the jurisdiction of the federal government, and made knowingly and willfully.
A federal prosecutor will have to prove you were intentionally dishonest and knew it was unlawful to make the false statement at the time you made it. The crucial factors in a federal false statement case are the terms "knowingly and willingly." Often, defendants will claim they were not intentionally lying or had no idea it was a violation of federal law.
Title 18 of the United States Code, Section 1001, is a serious white-collar crime in itself, but it is frequently charged along with other federal crimes, such as fraud-related issues. If convicted, you are facing:
- Five or eight years in federal prison,
- A fine of up to $250,000,
- Certain enhancements can increase the penalties, such as sex crimes, human trafficking, and any connection to domestic or international terrorism.
False statement charges are perhaps frequently connected to embezzlement and money laundering financial crimes using deception.
What are the Common Defenses?
As discussed below, our federal criminal defense lawyers can use several defense strategies against charges of making a false statement.
Perhaps the statement wasn't material to the matter at hand, or it wasn't regarding a matter within the jurisdiction of the federal government. Perhaps the statement wasn't made knowingly or willfully.
Perhaps we can argue there was a lack of intent to defraud the government, mistaken identity, illegal interrogation in violation of constitutional rights, or that the prosecutor has insufficient evidence for a conviction.
If you're already facing a false statements charge, you must speak with an experienced criminal defense attorney as soon as possible. For more information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, California.
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