Did You Know That Telling A Lie Is Against The Law? Well, It Is When It's Regarding A Federal Agent.

If ever you find yourself having to talk to a federal agent it is in your best interest to mind everything you say. It is imperative that you remember the mantra, "I will not answer anything without my attorney present." If an FBI agent asked you where you just came from and you responded "school" because you were nervous and you simply blurted it out, when in fact you didn't have school today, guess what? You are now subject to time in a federal penitentiary.

Title 18, United States Code, Section 1001 makes it a crime to "knowingly and willfully make any materially false, fictitious or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States."

Your lie does not even have to be made directly to an employee of the national government as long as it is "within the jurisdiction" of the ever expanding federal bureaucracy. Though the falsehood must be "material" this requirement is met if the statement has the "natural tendency to influence or [is] capable of influencing, the decision of the decision-making body to which it is addressed."

United States v. Gaudin , 515 U.S. 506, 510 (1995). (In other words, it is not necessary to show that your particular lie ever really influenced anyone.) Although you must know that your statement is false at the time you make it in order to be guilty of this crime, you do not have to know that lying to the government is a crime or even that the matter you are lying about is "within the jurisdiction" of a government agency.

United States v. Yermian , 468 U.S. 63, 69 (1984). For example, if you lie to your employer on your time and attendance records and, unbeknownst to you, he submits your records, along with those of other employees, to the federal government pursuant to some regulatory duty, you could be criminally liable.

One can face prosecution for the tiniest of lies or misleadings, even if there is no personal or financial gain to be made. Something as simple as mistaking a time or a date could send you to prison. If you are ever in contact with a federal agent, or any employee of the federal government, refer to your mantra and call Massachusetts Criminal Defense Attorney Paul Moraski.