# Why is it a crime to lie to police/FBI/etc? **URL:** \ **Category:** Factual Questions\ **Created:** [May 30, 2015, 8:49pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218 "2015-05-30T20:49:08Z")\ **Posts on this page:** 9\ **Page:** 2
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [June 1, 2015, 8:47pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/21 "2015-06-01T20:47:36Z")
With regard to lying to the Feds, the applicable statute is [18 usc 1001](https://www.law.cornell.edu/uscode/text/18/1001), which provides: > [@](#): > > (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— > > (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; > > (2) makes any materially false, fictitious, or fraudulent statement or representation; or > > (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; > > shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. In Brogan v. United States[522 U.S. 398](http://openjurist.org/522/us/398/brogan-v-united-states) (1998), the US Supreme Court has held that even a mere “exculpatory no”, merely making a false denial of knowledge or information about a subject of a federal investigation, can result in a conviction under this section. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 1, 2015, 9:12pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/22 "2015-06-01T21:12:54Z")
> [@Richard\_Parker](#): > > For the kind of everyday encounter at issue with 18 USC 1001 prosecutions, you have the right to just remain silent, which is even better than saying you don’t recall. Well, [sometimes](http://www.nolo.com/legal-encyclopedia/using-the-defendant-s-post-custody-pre-miranda-silence-against-him.html). ---
**Author:** ![UncleRojelio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/unclerojelio/32/3160_2.png) [@UncleRojelio](https://boards.straightdope.com/u/UncleRojelio)\ **Post date:** [June 1, 2015, 9:47pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/23 "2015-06-01T21:47:20Z")
Since it is well know that the human memory is somewhat fallible, at what point does misremembering become lying? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [June 1, 2015, 9:50pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/24 "2015-06-01T21:50:11Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Well, [sometimes](http://www.nolo.com/legal-encyclopedia/using-the-defendant-s-post-custody-pre-miranda-silence-against-him.html). Nothing in that says you don’t have a right to remain silent. It only deals with some lower court rulings that post-arrest but pre-Miranda silence can be mentioned in court under certain circumstances. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 1, 2015, 9:54pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/25 "2015-06-01T21:54:57Z")
Well, yes. That’s kind of the point - that exercising the right to silence should not count against you. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 1, 2015, 11:06pm UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/26 "2015-06-01T23:06:55Z")
> [@Senegoid](#): > > Just a few posts on the subject, mostly by Ken White at Popehat, from a quick Google search for [noparse]site:popehat.com[/noparse] 1001, referring to 18 USC 1001: > > [Reminder: Oh, Won’t You Please Shut Up?](https://popehat.com/2011/12/01/reminder-oh-wont-you-please-shut-up/), Dec. 1, 2011. > Includes further links to: > > [SHUTUPSHUTUPSHUTUPSHUTUP](http://popehat.com/2007/10/26/shutupshutupshutupshutup/), Oct. 26, 2007. > > [Just A Friendly Reminder: Please Shut The Hell Up](http://popehat.com/2011/03/18/just-a-friendly-reminder-please-shut-the-hell-up/), Mar. 18, 2011. > > [Rule 2: Go Re-Read Rule 1](http://popehat.com/2010/02/26/rule-2-go-re-read-rule-1/), Feb. 26, 2010. (Rule #1 being: Just Shut Up.) > > More: > > [As Blagojevich Might Say, Just Shut the Fuck Up](http://popehat.com/2010/08/17/as-blagojevich-might-say-just-shut-the-fuck-up/). Aug. 17. 2010. (Blagojevich jury hung on 23 of 24 counts, but convicted him on one count over some petty lie.) > > [It’ll Be A Great Day When Our Schools Get All The Money They Need And The Justice Department Has To Hold A Bake Sale To Bury A Bum](http://popehat.com/2010/08/17/itll-be-a-great-day-when-our-schools-get-all-the-money-they-need-and-the-justice-department-has-to-hold-a-bake-sale-to-bury-a-bum/) by Patrick Non-White, Aug. 17, 2010. > [What Part of “Shut Up” Didn’t You Understand?](http://popehat.com/2009/05/05/what-part-of-shut-up-didnt-you-understand/), May 5, 2009. > > In fact, I just came across [this link](http://popehat.com/tag/shut-up/) which is Popehat’s own compendium of Just Shut Up posts. Yep, and here’s a great quote: "_Here’s how it works. The feds identify some fact that they can prove. It need not be inherently incriminating; it might be whether you were at a particular meeting, or whether you talked to someone about the existence of the investigation. They determine that they have irrefutable proof of this fact. Then, when they interview you, they ask you a question about the fact, hoping that you will lie. Often they employ professional questioning tactics to make it more likely you will lie — for instance, by phrasing the question or employing a tone of voice to make the fact sound sinister. You — having already been foolhardy enough to talk to them without a lawyer — obligingly lie about this fact. Then, even though there was never any question about the fact, even though your lie did not deter the federal government for a microsecond, they have you nailed for a false statement to a government agent in violation of 18 USC 1001."_ ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 2, 2015, 1:46am UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/27 "2015-06-02T01:46:49Z")
IIRC, I’ve read of cases where a person under investigation has told lies to some third party (like a friend or relative), and then that third party, when questioned by police, repeated that lie to police. So they prosecuted the original subject for lying to the police. The theory was that the subject lied to the third party with the intention and expectation that the third party, under questioning, would repeat the lie (not necessarily knowing it was a lie). ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [June 2, 2015, 3:18am UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/28 "2015-06-02T03:18:35Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Well, [sometimes](http://www.nolo.com/legal-encyclopedia/using-the-defendant-s-post-custody-pre-miranda-silence-against-him.html). Good point. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [June 2, 2015, 4:06am UTC](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218/29 "2015-06-02T04:06:07Z")
> [@Senegoid](#): > > IIRC, I’ve read of cases where a person under investigation has told lies to some third party (like a friend or relative), and then that third party, when questioned by police, repeated that lie to police. > > So they prosecuted the original subject for lying to the police. The theory was that the subject lied to the third party with the intention and expectation that the third party, under questioning, would repeat the lie (not necessarily knowing it was a lie). Actually, that was some guy whose lawyer made statements. The charge was that the guy lied to his lawyer knowing that the lawyer would say that lie to the police. (This happened IIRC about 3 or 4 years ago). Fortunately, the judge tossed that charge pretty quick. Of course, to discuss this in court would drag in lawyer-client privilege. [Previous page](https://boards.straightdope.com/t/why-is-it-a-crime-to-lie-to-police-fbi-etc/721218.md?page=1)