Yes, lying to the FBI can land you in jail. The FBI takes false statements made to its agents very seriously as they can significantly obstruct investigations. There are federal statutes that specifically prohibit making false claims to federal investigators. Depending on the nature of the lie and the investigation involved, individuals who lie to the FBI may face fines and years in federal prison.
What law makes lying to the FBI a crime?
The main law that makes lying to the FBI illegal is Title 18 U.S. Code Section 1001. This federal statute states that it is a crime to knowingly and willfully:
- Falsify, conceal, or cover up a material fact by any trick, scheme, or device;
- Make any materially false, fictitious, or fraudulent statement or representation;
- Make or use any false writing or document knowing it contains materially false, fictitious, or fraudulent statement or entry;
in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States.
A violation of Section 1001 carries a punishment of up to 5 years in prison and/or fines. However, the penalties can be harsher if the false statements pertain to terrorism or sex offenses.
Section 1001 covers lies told in any federal investigation, even if the lie is not made under oath. The FBI is an agency within the Department of Justice, which is part of the executive branch. Therefore, lying to the FBI violates Section 1001.
What constitutes a materially false statement?
For a statement to someone from the FBI to be considered an illegal lie under Section 1001, it must be:
- False – The information conveyed must be untrue.
- Material – The statement must be relevant to the FBI’s investigation or have the potential to influence it.
- Intentional – The person must knowingly make the false statement with intent to deceive.
Minor inaccurate facts or flawed recollections are generally not enough to lead to prosecution. The lie must concern significant information important to determining facts and resolving questions in an investigation.
Some examples of materially false statements include:
- Denying criminal activity you are engaged in
- Lying about your whereabouts, activities, or associations during events under investigation
- Concealing relevant communications, contacts, materials, or financial transactions
Even denying something the FBI already knows to be true can be considered a material lie in some circumstances.
When does the FBI care about lies?
The FBI tends to prosecute false statements made during investigations into:
- National security issues
- Federal crimes
- Public corruption matters
- Civil rights violations
Lying during such high-stakes cases can significantly hinder investigators’ ability to find the truth. That is why the FBI takes a hard line on punishing these lies.
However, the FBI generally does not concern itself with more minor lies in matters outside its jurisdiction. For example, lying about your age to get into a bar or lying on your taxes alone would not interest the FBI. The lie would have to intersect with an active FBI inquiry.
Famous examples of charges for lying to the FBI
Some high-profile instances of individuals charged with lying to the FBI include:
Martha Stewart
The FBI investigated Martha Stewart for securities fraud in the early 2000s. During an interview about her sale of ImClone stock, she made several false statements to FBI agents including:
- Saying she sold due to a pre-existing agreement when she had actually reacted to insider information.
- Denying knowing the ImClone CEO had been trying to sell his shares.
Stewart was convicted of conspiracy, obstruction of justice, and making false statements. She served 5 months in prison.
Michael Flynn
Former National Security Advisor Michael Flynn pleaded guilty to lying to the FBI about his communications with Russian officials in 2017. During the interview, Flynn falsely claimed:
- He had not discussed U.S. sanctions with the Russian ambassador.
- He could not recall if sanctions were mentioned in other conversations.
Flynn cooperated with investigators and was slated to serve 0-6 months in prison before President Trump pardoned him.
Roger Stone
Long-time Trump advisor Roger Stone was questioned by the FBI during its probe into Russian interference in the 2016 election. Stone lied about:
- His contacts with Wikileaks related to hacked Democratic emails.
- The nature of his conversations with Trump campaign officials about Wikileaks.
Stone was convicted on seven counts including obstruction and false statements. He received a 40-month prison sentence before being pardoned by President Trump.
Scooter Libby
Lewis “Scooter” Libby, Chief of Staff to Vice President Dick Cheney, was investigated for leaking the identity of CIA agent Valerie Plame. During FBI questioning in 2004, Libby falsely claimed:
- He learned about Plame from reporters.
- He did not discuss Plame with the media.
Libby was convicted of perjury, obstruction, and false statements and sentenced to 30 months in prison before President Bush commuted his sentence.
What should you do if the FBI wants to interview you?
If the FBI contacts you seeking an interview, it is essential to proceed with caution, as anything you say could potentially lead to prosecution if untruthful. Here are some tips:
- Consult an attorney – Have an experienced federal criminal defense lawyer represent you during any interactions with the FBI. They can negotiate the terms of an interview or grand jury appearance on your behalf.
- Do not lie – Even if you want to protect yourself or others, lying to federal agents is a crime. Invoke your Fifth Amendment right against self-incrimination if necessary.
- Tell the truth – Even if the truth may be incriminating, admitting it is better than being caught in a lie.
- Prepare – Review any documents and your own memory so you can respond accurately. Take notes during meetings.
- Watch your words – Do not exaggerate or speculate. Stick to definite facts you know to be true.
- Stay calm – Don’t be intimidated. Assert your rights. Ask for clarification if you don’t understand a question.
It is always wise to proceed with extreme caution when making statements to federal law enforcement officers.
Can you defend against a charge of lying to the FBI?
While simply denying ever speaking to the FBI will not get you very far, there are certain legal defenses that may defeat a false statements charge:
You did not knowingly lie
If you can demonstrate that you did not intend to give false information, but simply made an honest mistake or misunderstood what was being asked, you may be able to avoid conviction.
The lie was not material
The government would have to prove your statement had the potential to influence the course of the investigation or was otherwise significant. Immaterial lies are not criminal.
There is insufficient evidence
Like any criminal charge, the government’s case requires solid proof beyond a reasonable doubt. If your word against the FBI’s is all they have, you may prevail.
However, charges of lying to the FBI can be difficult to beat. Unless you have strong evidence of ambiguity or lack of intent, you are better off focusing on negotiating a favorable plea deal rather than going to trial.
What is the penalty for lying to the FBI?
The maximum sentence for lying to a federal agent under Section 1001 is 5 years imprisonment. However, the actual penalties applied depend on factors such as:
- The nature and egregiousness of the lie
- The scope of the investigation
- How much the lie obstructed the case
- Your criminal history
First-time, non-violent offenders convicted of lying to the FBI often receive little to no jail time. Even high-profile defendants like Scooter Libby and Martha Stewart ended up serving less than a year behind bars.
However, those who repeatedly lie about serious matters like terrorism can potentially get the full 5 year sentence or more. Those who lie as part of a larger criminal enterprise may also get longer sentences.
Here are the range of sentences seen in practice for lying to the FBI:
| Offense Level | Sentence |
|---|---|
| Minor, isolated lie | Probation |
| Material lie impeding investigation | 0-6 months prison |
| Extensive pattern of lies | 1-3 years prison |
| Major lies on issues of national security or public safety | 3-5+ years prison |
Fines up to $250,000 also may be levied in addition to imprisonment.
Can a pardon fix a conviction for lying to the FBI?
A presidential pardon offers forgiveness for federal crimes and prevention of further punishment. Both Michael Flynn and Roger Stone received full pardons from President Trump after being convicted of lying to the FBI during the Mueller probe.
However, a pardon does not expunge or erase the underlying conviction. It simply releases the pardoned individual from penalties like prison time. The pardoned person remains a convicted felon with a criminal record.
A pardon also does not protect against related crimes that may emerge later, such as perjury or obstruction of justice. Any new charges for other actions could still be filed.
While a pardon stops direct consequences, it does not undo all damage caused by a conviction for lying to the FBI. The stigma can make finding employment difficult. Also, pardons are subject to the discretion of the current president and are not guaranteed.
Conclusion
Lying to the FBI has severe consequences. The FBI aggressively charges those who make false statements during federal inquiries, especially on important investigative matters. While convictions can potentially be pardoned, it is best not to lie at all when interviewed by federal agents. To avoid prosecution for false claims, be prepared to tell the full truth or refrain from speaking by invoking your Fifth Amendment rights. Consulting an attorney is essential before talking to the FBI. Although the penalties can be severe, cooperating truthfully offers the best opportunity for a favorable outcome when facing allegations of lying.