Is Making False Statements to a Government Agent a Crime?

 Posted on October 08, 2024 in Criminal Defense

Recently, a resident of Houston, Texas, was sentenced to 18 months in federal prison after pleading guilty to making false statements to the FBI as they related to a government imposter scam. The young man had traveled to Louisiana to collect money from a government imposter scam victim. When he arrived, he was arrested by the FBI. He later made false statements to agents regarding his prior involvement in similar money-scamming schemes.

A person who makes a false statement to a government agent when it is in relation to a federal issue – in writing or in person – can be charged with a federal crime under Federal Statute 18 U.S. C. Section 1001. The statement does not need to be made under oath for this offense to be charged. So, while lying is not generally a crime, in this case, it depends on who you are talking to.

Federal charges are usually more serious than state charges. Not only does the federal government have more resources than most state governments, but it also has much harsher penalties for those convicted of a federal crime. If you have been charged with a federal crime, having a strong, experienced Plano, TX federal crimes attorney from the Law Offices of Biederman & Burleson P.L.L.C. is important.

How is the Federal Statute for Making a False Statement to a Government Official Written?

Under the Federal False Statement Statute you could be found in violation of the statute for the following behaviors:

• You may not falsify, conceal, or cover up through a trick, device, or scheme any material fact.

• You may not make or use any document or false writing if you know it contains a false or fraudulent statement.

• False, fraudulent, or fictitious statements or representations must not be made.

Whether or not your statement, writing, or act is considered a federal criminal offense will depend on whether you committed the act willfully and knowingly, whether the act or statement was material, and whether it is within the jurisdiction of a department or agency of the United States.

What are the Most Common Ways You Could Find Yourself Facing Federal False Statement Charges?

If you lie to an FBI agent during an interview, you could find yourself facing federal false statement charges. The False Statement Accountability Act is often used by federal prosecutors to indict someone or threaten to indict someone they believe is refusing to cooperate in a criminal investigation. Federal investigators and prosecutors frequently use the statute to gain leverage and often tack the charge on to another criminal charge that also involves deception, like embezzlement or fraud.

Regardless of whether the charge is added to other charges, it is separate and carries its own set of penalties that can add years to a prison sentence that is already lengthy. Although a false statement can also include a material omission, the person making the statement must have the intent to deceive the government agent. Any information that is not important to the outcome of the proceeding – even if it is a false statement – will not typically be prosecuted. The best way to avoid federal false statements charges is to refuse to speak with any federal agent until you have an attorney present.

Another type of false statement under the same statute makes it illegal to make an untrue statement that relates to health care – such as lying about your health or income to receive benefits in a health care program you are not entitled to receive. The penalties for a conviction for making a false statement to a government official is up to five to eight years in federal prison and a fine as large as $250,000.

Contact a Collin County, TX Federal Crimes Lawyer

You must take these charges very seriously if you have been charged with a federal crime. Speak to a Frisco, TX federal crimes lawyer from the Law Offices of Biederman & Burleson P.L.L.C. as quickly as possible to protect your rights and future. Our attorneys have more than 25 years of combined experience and will make obtaining a favorable outcome for you our top priority. Call 469-333-3333 today to schedule your free consultation.