Local police interviews are risky. Federal interviews are a different category of risk, because the interview itself can become the crime. Brian Foley explains in this video.
18 U.S.C. § 1001
It is a federal felony — up to five years — to knowingly make a materially false statement to a federal agent. You do not have to be under oath. You do not have to be a target. You do not have to be lying about the crime being investigated. Misstating a date, minimizing a relationship, or denying a fact the agents can prove is enough. Martha Stewart went to prison for § 1001, not for insider trading. It is the government's favorite charge because it is the easiest to prove.
The interview is not recorded
FBI policy has historically been to not record interviews; instead, one agent takes notes and later writes a summary — the "302." That summary is the official record of what you said. If your memory of the conversation differs from the 302 at trial, the jury hears from the agent.
"We just want to clear something up"
Federal agents do not knock on doors casually. By the time they visit, they have subpoenaed records, interviewed others, and often know the answers to the questions they are asking. The interview is designed to lock you into a story, catch a false statement, or obtain admissions — not to clear you.
The response
Polite and final: "I'm not going to answer questions. Please give me your card and my lawyer will contact you." Do not invite them in. Do not answer "just one thing." Do not lie — say nothing instead. Then call a lawyer the same day. A federal defense attorney can find out whether you are a witness, a subject, or a target — three very different positions — and decide whether any communication with the government serves you.
Brian Foley and Luis Baez handle federal investigations in the Southern District of Texas from the first contact. See our federal criminal attorney page or call or text (713) 703-1718.