What do Martha Stewart and enemy combatant Ali Saleh Kahlah Al-Marri have in common? They were both indicted, under Title 18, United States Code, Section 1001, for lying to federal government agents. Ms. Stewart now stands convicted of intentionally misleading SEC and FBI officials who questioned her about insider trading. Mr. Al-Marri was one of several hundred immigrants who voluntarily submitted to FBI interviews in the wake of the September 11, 2001 attacks. He was later charged with lying, during his interview, about the timing of a previous trip to the United States. Here are two criminal defendants from widely divergent backgrounds. Yet both were ensnared by Section 1001, a perennial favorite of federal prosecutors.
Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood? Well it is.
