False statements can get you into trouble.

I’m sure you know by now that making a false statement to a representative of the federal government, oral or written, can be a felony.

Even if you haven’t been sworn in and even if you haven’t been read Miranda warnings, a false statement can land you in court. If found guilty, it can also put you behind bars for a maximum of five years.

All federal agencies are covered by 18 USC 1001(a), which allows the Justice Department to bring a criminal charge for lying to a federal agent or agency. Keep that in mind whether you are filling out an application for a job at the U.S. Post Office, answering questions at an international border crossing, or in an FBI interview.

If you need an example of what making a false statement can mean, look at Martha Stewart. In March, a jury found her guilty of lying to investigators for the Securities and Exchange Commission (SEC), the FBI and federal prosecutors, and now she is awaiting sentencing that probably will include jail time.

How to Handle the Call

Often federal agencies will make initial contact via phone. If you’re called by a federal agency asking questions, respectfully say “I’m sure you wouldn’t be calling if you didn’t think it was important so I’d prefer to talk to my attorney first. Please give me your name and number and we will call you back.”

Then talk with your lawyer to see whether or not you can figure out why you were called. Probably you will want your lawyer to call back first to see if he or she can find out more.

Don’t Be Intimidated

Most importantly, don’t let the caller shame you or scare you into providing answers to his questions. That’s his job. Your job is to respectfully decline to answer and immediately contact your lawyer.

We don’t need to remind you that a lie or an attempted “cover-up,” which can be charged just from some cock n’ bull story you give, frequently brings worse results than the issue that was the reason for the call. Just ask Martha.

For further information regarding these matters, please contact Mr. Sinai at 248.740.5660 or click here to send an email.