When is lying illegal

Whether you have been charged with a federal crime under 18 U. Section , or have been approached by a federal agent, it is important to hire an experienced federal defense attorney to help you. Our firm has over twenty years of experience counseling individuals targeted or interviewed by federal agents and defending those charged with making false statements. If you believe you are the target of a federal investigation, if you have been asked to speak to federal agents, or if you are being charged with violating 18 U.

Section , call our firm to speak to one of our experienced federal defense attorneys. We have successfully represented clients in federal criminal cases across the United States. Our firm has offices in Atlanta and Washington DC , and we frequently travel to other federal courts to represent people in serious federal criminal cases. View All. Lying by itself is not illegal, including lying to a federal agent. In other words, a material statement is important and relevant to the subject matter being discussed.

In criminal investigations, any fact that may be relevant to finding, charging, or convicting the suspect meets the element of materiality. The law still applies even if the federal agent knows the statement is false. The harm requirement ensures that individuals are only liable for their deceit when they cause an actual injury and also provides a remedy for those harmed by such deceit, provided they can show proof of actual harm.

The law also regulates deception in the context of citizen interaction with law enforcement and other government officials. In that context, however, the element of actual harm—despite being nearly ubiquitous throughout the law of deception—disappears. This area of the law deals with the actions of both citizens who attempt to deceive law enforcement officials and officials who attempt to deceive citizens.

In the first category—the actions of ordinary citizens—deceptive acts or false statements to government officials are criminalized under 18 U. This law aims to prevent the loss of information during law enforcement investigations and to deter individuals who would lie to impede such investigations. Law enforcement officials, however, often expect that suspects may lie to them in criminal investigations, which brings into question whether an actual harm exists where law enforcement officials know they are being lied to, particularly when the lie in question is a simple denial of guilt.

The law protects the second category—deceit by government officials e. While not all lies by government officials result in harm, when they do, it is nearly impossible to hold those officials responsible for such deceit. This approach differs drastically from how the law treats lies by citizens both to the government and to each other.

The result is a double standard in the law of deception that governs interactions between private citizens and law enforcement officials. In most areas of the law that govern deceptive acts, a deceived individual must show an actual harm arising from the deceptive act to recover. The federal government is expansive, regulating many areas of our lives. Therefore, the reach of Section is potentially endless, and prosecutors have vast discretion in deciding whether to charge violations.

Section has been used to prosecute several high-profile defendants.