How to Avoid Going to Jail under 18 U.S.C. Section 1001 for

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How to Avoid Going to Jail under 18 U.S.C. Section 1001 for

Postby Scott Notaeh on Tue Apr 10, 2012 11:06 am

How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents

Law is here:
http://www.law.cornell.edu/uscode/text/18/1001

Good info on it is here:
http://library.findlaw.com/2004/May/11/147945.html
Is there an intelligent alternative to lying or telling the truth that we have not yet examined? Yes. In our hypothetical interview, you can politely decline to be interviewed by the FBI agent. Tell the agent that you have an attorney and that "my attorney will be in contact with you." If the agent persists, say that you will not discuss anything without first consulting counsel. Ask for the agent's card, to give to your attorney. If you have not yet hired a lawyer, tell the agent that "I want to consult a lawyer first" or that "an attorney will be in touch with you." The absolutely essential thing to keep in mind is to say nothing of substance about the matter under investigation. It is preferable to do this by politely declining to be interviewed in the absence of counsel. If the agent asks "why do you need an attorney?" or "what do you have to hide?" do not take his bait and directly respond to such questions. (Do not even say that you have nothing to hide.) Simply state that you will not discuss the matter at all without first consulting counsel and that counsel will be in touch with him. If the agent asks for a commitment from you to speak with him after you have consulted or retained counsel, do not oblige him. Just respond that you will consult with your attorney (or "an" attorney) and that the attorney will be in touch. And by all means do not get bullied or panicked into making up a phony reason for refusing to talk. You are not obliged to explain your decision to anyone.

What if the FBI agent threatens to have you subpoenaed to the grand jury if you don't talk? Simply repeat your mantra that you will not discuss the matter with him in the absence of counsel. (If you are already represented tell the agent that you authorize your attorney to accept service of the subpoena. That way you will not have to be embarrassed at work by the FBI's service of a grand jury subpoena in broad daylight.) What if the agent already has a subpoena and serves you with it? Thank him and tell him that your attorney will be in touch.
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Re: How to Avoid Going to Jail under 18 U.S.C. Section 1001 for

Postby gyrfalcon on Tue Apr 10, 2012 10:35 pm

What if they're not identified as government agents?
"The problem in defense is how far you can go without destroying from within what you are trying to defend from without." -- Dwight D. Eisenhower
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