False Statements to a Federal Agency (18 U.S.C. § 1001) in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

The Elements (§ 1001)

Under Pattern Instr. O36 (Elements), the Government must prove:

1. You made the statement, or made or used the document, as charged.
2. It was false.
3. The falsity concerned a material matter.
4. You acted willfully, knowing it was false.
5. It was made or used for a matter within the jurisdiction of a federal department or agency.

A statement is false if it is untrue when made and the person knows it is untrue. The agency does not have to have been fooled. The instruction adds that, when agents are investigating, a false "no" in answer to a question is a false statement. A "material" fact is an important one that has a natural tendency to influence, or is capable of influencing, the agency's decision.

The statute also covers falsifying, concealing, or covering up a material fact by any trick, scheme, or device. It does not apply to a party or a party's lawyer for statements submitted to a judge in that party's own case.

Penalty: up to 5 years; up to 8 years if the offense involves international or domestic terrorism, or if the matter relates to certain federal sex-offense or sex-trafficking laws. Felony fines can reach $250,000, or twice the gross gain or loss.

HUD and FHA Loan Statements (18 U.S.C. § 1010)

Under O38 (Elements), the Government must prove you made a false statement, forged or counterfeited a document, or passed a forged document as genuine, or willfully overvalued an asset or income, and you did it to get a loan meant to be insured by HUD, or to get an extension or renewal of a HUD-insured loan. The statute requires that you knew the statement was false. Penalty: up to 2 years.

Falsely Representing a Social Security Number (42 U.S.C. § 408(a)(7)(B))

Under O115 (Elements), the Government must prove you knowingly represented that a Social Security number had been assigned to you; it had not; and you intended to deceive someone for the purpose charged. Nobody has to have actually been misled. Penalty: up to 5 years; up to 10 years for certain people paid in connection with Social Security benefit decisions, such as claimant representatives, translators, current or former SSA employees, and health care providers who submit evidence.

Identity Theft Add-On

Section 1001, § 1010 and § 408 are all on the list of crimes that can trigger aggravated identity theft, a mandatory consecutive 2 years, when another person's identification is used. See Identity Theft.

Defense Themes

• Was it false, or just incomplete, vague, or a misunderstood question?
• Willfulness and knowledge. Honest mistakes and faulty memory are not crimes.
• Materiality. Was it capable of influencing the agency's decision, or just a trivial detail?
• What was really said. Many interviews are not recorded.

For lies under oath, see Perjury.

What to Do First

1. Don't do the interview without a lawyer. Agreeing to talk just to clear things up is how many § 1001 cases begin.
2. Don't try to correct things on your own with a new statement.
3. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I wasn't under oath. Can lying to an agent still be a crime?

Yes. Section 1001 does not require an oath.

I just said "no." Is that enough?

Under the pattern instruction, a false "no" to an agent's question during an investigation is a false statement. The Government must still prove every element, including materiality and willfulness.

Do I have to talk to federal agents?

Generally, no. You can decline and ask for a lawyer.