How obstruction charges arise
Obstruction and false statement charges often grow out of the investigation itself. An interview with agents, a records request, or a conversation with a co-worker who has been subpoenaed can each lead to a new count.
These charges can be filed together with the underlying offense, or on their own when the government cannot prove the original suspicion.
A statement to an agent can become its own federal charge.
Obstruction charges and penalties
| Charge | What it covers | Maximum prison term |
|---|---|---|
| False statements, 18 U.S.C. § 1001 | Knowingly and willfully making a materially false statement, concealing a material fact, or using a false document in a federal matter | 5 years; 8 in terrorism cases and certain listed offenses |
| Obstruction of justice, 18 U.S.C. § 1503 | Corruptly or by threats influencing jurors or court officers, or obstructing the due administration of justice | 10 years in most cases; more in some |
| Witness tampering, 18 U.S.C. § 1512(b) | Intimidating, threatening, corruptly persuading or misleading a person to influence testimony or evidence | 20 years |
| Obstructing a proceeding, 18 U.S.C. § 1512(c) | Corruptly altering, destroying or concealing records for use in an official proceeding, or otherwise obstructing one | 20 years |
| Destroying or falsifying records, 18 U.S.C. § 1519 | Altering, destroying, concealing or falsifying records to obstruct a federal investigation or bankruptcy case | 20 years |
False statements to federal agents
Section 1001 applies to any matter within the jurisdiction of the federal executive, legislative or judicial branch. That includes interviews with FBI, IRS, HHS-OIG and other federal agents, not only sworn testimony.
The government must prove the statement was false, material and made knowingly and willfully. The statute excludes statements a party or its lawyer submits to a judge in a court case.
Records, devices and deleting files
Section 1519 covers destroying or altering records with intent to obstruct a federal investigation, including one that is only in contemplation. Section 1512 also states that an official proceeding does not need to be pending at the time of the conduct.
In practice, this means deleting emails, wiping a phone or changing documents after learning of an investigation can create serious exposure, even before anyone is charged. Keep everything as it is and ask a lawyer before changing any record.
Contact with witnesses and co-workers
Section 1512(b) covers corruptly persuading, intimidating, threatening or misleading another person to influence their testimony or to cause them to withhold evidence. Conversations that seem ordinary, such as asking a co-worker what they told agents or suggesting what they remember, can be described as tampering.
The safest course is not to discuss the case with witnesses at all, and to ask family members not to either.
Where these cases are often defended
Every case turns on its own facts. Issues that frequently matter include:
- Intent. Whether the person acted knowingly, willfully or corruptly, as the specific statute requires.
- Materiality. Whether a statement could actually have affected the government’s decision or investigation.
- What was said. Whether agent notes and summaries accurately reflect the conversation.
- Purpose. Whether records were changed or deleted in the ordinary course, rather than to obstruct.
- The proceeding. Whether the conduct was connected to an investigation or proceeding the statute covers.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, who was admitted to The Florida Bar in 1983, practices in federal courts including the Eleventh Circuit and the Southern District of Florida, and speaks Spanish. Together they bring more than 100 years of combined experience.
The team can handle contact with agents and prosecutors from the start, so you do not face interviews alone, and can prepare obstruction and false statement charges for trial. The first consultation is free and confidential.