When the FBI Comes Calling…®
When the FBI Comes Calling…®
You may be charged with:
False Statements (18 U.S.C. §§ 1001, 1002)
In order for one to be convicted of this statute, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt:
1. That the defendant lied to, provided fraudulent documents to, or in any other way provided inaccurate information to agents of the federal government;
2. That the defendant provided false information knowingly and willingly
So how have the courts interpreted the False Statements statute?
A. Although multiple false statements in one document or one sitting constitutes only one violation of the statute, where multiple false statements are made in separate and distinct documents or sittings, there can exist multiple violations of the statute when separate instances. United States v. Guzman, 781 F.2d 428 (1986).
B. Because the law relating to false statements, Article 107, of the Uniform Code of Military Justice (UCMJ) is are so closely related, the one year maximum punishment proscribed in Article 107 must be maintained for violation of 1001 for those under the jurisdiction of the UCMJ. United States v. Middleton, 30 C.M.R. 54 (1960).
Potential Punishment:
One may be found guilty of a felony, fined and imprisoned for up to five years, unless the violation is for providing false statements to influence a foreign government (18 U.S.C. 954), at which point one may be imprisoned for up to ten years. Pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004, false statements related to terrorism may carry up to 8 years in prison.
When one is charged under this statute, the AUSA will seek an indictment from a Federal Grand Jury and may include charges under other federal statutes, like Terrorism, Treason, NBC Weapons, or Subversion, and is likely to couple those charges with another lesser included offense like Obstruction of Justice where applicable. Should the government decide not to immediately seek indictment, one may be held under the Material Witness statute or, if related to any ongoing war (including the War on Terrorism) may be held through Combatant Detention.