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9/22/2017 12:11:25 AM
Posted: 3/27/2006 5:35:27 AM EDT
I hear a lot about people being charged with "lying to the FBI". What's up with that? I can't charge people when they lie to me, and they do that regularly. I'm sure no one else here has ever been lied to.

Anyone have an explaination about that?
Link Posted: 3/27/2006 5:45:14 AM EDT
Link Posted: 3/27/2006 6:22:51 AM EDT
I'm sure that it involves an investigation. If the statement involves the interference of or altering of an ongoing investigation then there is a problem.
Link Posted: 3/27/2006 6:24:25 AM EDT
Link Posted: 3/27/2006 9:42:01 AM EDT
I know I have heard about it before, I just cant come up with it.
Link Posted: 3/27/2006 9:43:36 AM EDT

Originally Posted By ColtRifle:
I hear a lot about people being charged with "lying to the FBI". What's up with that? I can't charge people when they lie to me, and they do that regularly. I'm sure no one else here has ever been lied to.

Anyone have an explaination about that?



You can't lie because it is obstruction of justice. You can lie about how big of a fish you caught, what the weather is going to be next week and how many times you watch the reruns of Gilligan's Island. You just can't lie to help cover someone in a criminal investigation. The key is, you do not have to talk to law enforcement. You have the right to remain silent but if you do talk about an investigation, you can' lie.
Link Posted: 3/27/2006 10:06:41 AM EDT
That's what got Martha Stewart I think
Link Posted: 3/27/2006 3:06:12 PM EDT

Originally Posted By tvc184:

Originally Posted By ColtRifle:
I hear a lot about people being charged with "lying to the FBI". What's up with that? I can't charge people when they lie to me, and they do that regularly. I'm sure no one else here has ever been lied to.

Anyone have an explaination about that?



You can't lie because it is obstruction of justice. You can lie about how big of a fish you caught, what the weather is going to be next week and how many times you watch the reruns of Gilligan's Island. You just can't lie to help cover someone in a criminal investigation. The key is, you do not have to talk to law enforcement. You have the right to remain silent but if you do talk about an investigation, you can' lie.





Must be a federal law because I've been lied to (MANY times) in the course of an investigation but still haven't been able to charge them with anything aside from what I was questioning them over.
Link Posted: 3/27/2006 3:39:28 PM EDT
[Last Edit: 3/27/2006 3:40:05 PM EDT by ScorpionTower]
Texas only cares whether or not you are who you say you are, whether or not you know where you live, or if you know what day to blow the candles out on a cheap Wal-Mart Bakery cake.

The Texas Penal Code provides that an offense has ocurred under the following conditions:

§ 38.02. FAILURE TO IDENTIFY. (a) A person commits an
offense if he intentionally refuses to give his name, residence
address, or date of birth to a peace officer who has lawfully
arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b).
(e) If conduct that constitutes an offense under this
section also constitutes an offense under Section 106.07, Alcoholic
Beverage Code, the actor may be prosecuted only under Section
106.07.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 869, § 1, eff. Sept. 1,
1987. Acts 1991, 72nd Leg., ch. 821, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
2003, 78th Leg., ch. 1009, § 1, eff. Sept. 1, 2003.
Link Posted: 3/27/2006 3:49:03 PM EDT
Title 18 USC 1001 : False Statements

18 USC 1001

Yep, it got Martha Stewart. It's usually not the primary charge, just thrown in after lying to the authorities.

Link Posted: 3/27/2006 8:39:33 PM EDT

Originally Posted By ScorpionTower:
Texas only cares whether or not you are who you say you are, whether or not you know where you live, or if you know what day to blow the candles out on a cheap Wal-Mart Bakery cake.

The Texas Penal Code provides that an offense has ocurred under the following conditions:



Been discussed before but it is against the law to lie to an officer in Texas during an investigation.

§ 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
EMPLOYEE.
(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.
Link Posted: 3/27/2006 9:59:14 PM EDT
Repeat after me: "Senator, I have no recollection..."
Link Posted: 4/9/2006 7:24:51 PM EDT
The first rule is dont do anything to have to talk to the feds and the secondrule is:

1) You have the right to remain silent?
2) Do you understand these rights and do you wish to talk with us?

Hell no and my lawyers name is______________.
Link Posted: 4/10/2006 4:37:31 PM EDT
Since lying to the "authorities" is illegal its better to just tell them nothing.
Link Posted: 4/10/2006 6:01:19 PM EDT
In Missouri, of course you can be charged for giving a false name/identifiers. Also, if you're a known witness to a major crime (homicide, robbery, Felony assault) and you refuse to comply with law enforcement, you can be charged with hindering prosecution.

Saw it happen twice recently during the course of a homicide investigation.......
Link Posted: 4/11/2006 6:04:28 AM EDT

Originally Posted By DJH-1:
In Missouri, of course you can be charged for giving a false name/identifiers. Also, if you're a known witness to a major crime (homicide, robbery, Felony assault) and you refuse to comply with law enforcement, you can be charged with hindering prosecution.

Saw it happen twice recently during the course of a homicide investigation.......





Actually it's called Failing to Identify as a Witness. Providing a false name is a crime as well.
Link Posted: 4/11/2006 2:25:27 PM EDT
Arizona Revised Statute 13-2907.01. False reporting to law enforcement agencies; classification

A. It is unlawful for a person to knowingly make to a law enforcement agency of either this state or a political subdivision of this state a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.

B. Violation of this section is a class 1 misdemeanor.
Link Posted: 4/12/2006 8:49:38 AM EDT
It's not just FBI, it's any federal agent. We sometimes involve feds in any major case that could go federal due in part to this. They can lie to us all fucking day and twice on Sunday, but if your investigation proves they gave false statements to the agent...bye-bye. And, in my experience, criminals actually do federal time. Can't say the same with some State's cases.
Link Posted: 4/12/2006 9:24:39 AM EDT

Originally Posted By goloud:
Title 18 USC 1001 : False Statements

18 USC 1001

Yep, it got Martha Stewart. It's usually not the primary charge, just thrown in after lying to the authorities.




I am only aware of one instance where it was the sole charge. That was a case back in 1991 0r 1992 when DEA learned of a Colombian assassin who had come in specifically to kill a New York federal prosecutor. The agents went up to him, identified themselves, asked him his name, and arrested him when he lied. Without the whole prosecutor assasination angle, they would have never been able to get an AUSA interested in the case.

All the rest of the cases I know about, it is just piling on, or done to give a cooperating defendant a lesser charge to plead to.
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