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Federal False Statements Defense – Federal Criminal Defense Attorneys
The United States Attorney’s Office takes allegations of false statements against individuals seriously, and you need an experienced and respected criminal defense attorney protecting your freedom and your rights. The prosecution monitors and investigates false statement violations throughout the federal system. The Federal Bureau of Investigation coordinates with federal prosecutors on false statements cases, and the United States District Courts handle these matters through the federal court system.
An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced criminal defense attorney can assist the individual by responding to an inquiry from the prosecution. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel, an effective response may result in the investigation closing without a formal filing. This is absolutely critical.
The financial and emotional costs of a formal criminal filing can be overwhelming, and can tarnish a career given that the filing and charges of the individual’s violations are publicly available because criminal charges are posted to the court system, published in the media, and accessible through online databases. Even if the allegations are later disproven, the damaging effect may linger.
It is important to retain an experienced criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from FBI interviews, IRS investigations, or federal agency inquiries we can assist you in protecting your employment and freedom.
Our office is experienced defending individuals facing criminal prosecution(s) due to the following allegations:
Individuals are required to cooperate with federal investigations when served with a subpoena and/or when contacted by federal agents according to federal statutes. Any false statement to federal law enforcement can result in additional criminal charges. A federal agent will follow-up in writing requesting additional information if necessary and/or may request an interview.
The FBI and Department of Justice may become involved in cases involving false statement offenses. Agents from these agencies and/or the United States Attorney’s Office have authority to investigate violations that may constitute criminal offenses under federal law.
At Spodek Law Group we evaluate the best course of action for the individual by examining your circumstances and taking a proactive, understanding approach. As experienced criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:
At Spodek Law Group, we also assist individuals with plea agreements and/or cooperation agreements which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the individual’s freedom. Over 40 years combined experience – really.
Depending on the individual’s circumstance, the defense strategy may include:
Requesting a meeting with the United States Attorney’s Office to present evidence to either refute the allegation that false statements occurred or mitigate the degree of charges;
Retaining appropriate experts in the issues at hand;
Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure electronic data, and/or evaluate the government’s evidence;
Developing a constitutional defense if Fifth Amendment violations are at issue. This may include documentation showing literal truth and/or lack of materiality; or if necessary recommend negotiating a plea agreement to address any criminal liability under federal sentencing guidelines;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer personal crisis, health problems, financial stress, or even just go through an extended period of difficulty. In these instances, an individual is not in need of criminal prosecution by the government; they need understanding andcontext;
Assisting the individual with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the prosecution.
| Charge Level | Classification | Maximum Penalty |
|---|---|---|
| 18 USC 1001 – Basic Offense | Federal Felony | 5 years imprisonment |
| 18 USC 1001 – Terrorism Related | Enhanced Federal Felony | 8 years imprisonment |
| 18 USC 1001 – With Obstruction | Multiple Counts | 20+ years total |
| 18 USC 1001 – First Offense | Guidelines Level 6 | 0-6 months |
| 18 USC 1001 – Multiple Statements | Stacked Counts | Consecutive sentences |
False statements prosecutions by federal prosecutors have increased significantly in recent years. The government has charged thousands of defendants with violating 18 USC 1001 in recent years. Recent cases show the range – defendants have received outcomes from probation to eight years imprisonment depending on circumstances and representation.
The government now pursues even minor misstatements aggressively. Prosecutors routinely charge Section 1001 violations alongside substantive offenses to increase leverage. The Department of Justice maintains policies regarding false statement prosecutions but individual prosecutors retain discretion.
Early legal intervention prevents unnecessary prosecution.
18 USC 1001 is the federal false statements statute that makes it a crime to knowingly and willfully make materially false statements in any matter within federal jurisdiction. This includes statements to FBI agents, IRS investigators, federal agencies, or on federal applications. The statute applies even to informal conversations not under oath. Maximum penalty is five years imprisonment, or eight years for terrorism-related false statements. Prosecutors must prove you knew the statement was false when made and that it was material to federal proceedings.
Federal law addresses false accusations through multiple statutes including 18 USC 1001 for false statements, 18 USC 1621 for perjury, and 18 USC 1512 for witness tampering. Making false accusations to federal investigators violates Section 1001 if done knowingly. False accusations under oath constitute perjury. Causing others to make false accusations may violate obstruction statutes. Federal prosecutors can charge false accusers with the same penalties faced by those they falsely accused. Constitutional protections require prosecutors prove intent.
Prosecutors prove false statements by demonstrating five elements beyond reasonable doubt: the defendant made a statement, the statement was false, it concerned a material matter, it was within federal jurisdiction, and defendant acted knowingly and willfully. Evidence includes documents contradicting statements, witness testimony, recordings, and circumstantial evidence of knowledge. Defenses include literal truth, ambiguous questions, lack of materiality, and honest mistake. Prosecutors cannot convict based solely on inconsistencies or memory failures without proving deliberate deception.
If you or a loved one faces federal false statements charges, contact the experienced federal defense attorneys at Spodek Law Group. We have over 40 years of combined experience defending individuals against 18 USC 1001 charges. Our attorneys understand the complexities of false statements law and available defenses.
For immediate assistance, call us at 212-300-5196. We maintain 24-hour availability for urgent criminal matters. Don’t wait until formal charges are filed – early intervention often produces significantly better outcomes.
Spodek Law Group
Federal Defense Attorneys
212-300-5196
Available 24/7 for Criminal Matters
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS