New York False Statement Charges Attorney
Under federal law, a false statement may comprise a material omission or representation to the United States government and federal investigators. Although the law does not punish those who mistakenly provide false information, proving that you acted in good faith can be challenging. If you are prosecuted under the law, you may be forced to pay steep fines and spend extensive time in prison.
Peter Katz has extensive experience helping people like yourself who have been charged with white-collar crimes. Unlike most federal defense attorneys, his past experience as a federal prosecutor and defense lawyer allows him to bring a successful strategy to the table.
How Does Federal Law Define a ‘False Statement?’
18 U.S.C. §1001 defines a false statement as any fictitious or fraudulent statements or representations that allow the accused to cover up any scheme or conceal material information from the federal government. An individual prosecuted under 18 U.S.C. §1001 may be imprisoned for five years and fined.
Something is considered “material” when a victim relies on misrepresentation, allowing the accused to commit fraud. For example, while lying about a person’s height is likely not critical in a federal investigation, lying about a suspect’s whereabouts would be.
False, Fictitious, or Fraudulent Claims
In addition to 18 U.S.C. §1001, a federal prosecutor may claim 18 U.S.C. §287. The government may press this additional charge against anyone looking to do business with the federal government.
To convict someone under this statute, the government must demonstrate that the defendant:
- Made or presented a false, fictitious, or fraudulent claim to the United States government
- Knew that the claim was false, fictitious, or fraudulent
- Made the statement with the intent to defraud the United States government or with the consciousness that what they were doing was wrong
While the prosecution may be able to prove that you made a false statement, demonstrating that you knew the statement was false can be more difficult; the prosecution must prove each element under the statute beyond a reasonable doubt. This legal standard implies that based on the facts of your case, a reasonable person would conclude that a crime was committed and that you committed it. My job as a defense attorney is to create doubt in the jurors’ minds. I will look for evidence that makes the jurors question the accuracy of inculpatory evidence.
Perjury Charges
Anyone who makes a false statement under oath before a federal tribunal or officer may face perjury charges. Perjury in this situation will be charged under 18 U.S.C. §1621. You could spend five years in federal prison and be fined if convicted. If you commit perjury in front of a grand jury or court, you will be charged under 18 U.S.C. §1623. The penalties for a conviction potentially involve five years in prison and a steep fine.
Offering Assertive and Knowledgeable Representation
If the federal government believes you committed perjury or has accused you of making false statements, you need representation from a knowledgeable and experienced defense attorney.
My experience as a federal prosecutor has taught me how the federal government conducts a criminal investigation. I will work with you to fully understand your circumstances, allowing me to build the strongest defense against the government’s case. If you can schedule your free, confidential consultation, contact my office by completing the online contact form.