Obstruction of Justice; Lying to Federal Agents
If a federal agent knocks on your door, keep one thing in mind — you don’t have to be guilty of a crime to be charged with one. In fact, simply talking too much or providing false or misleading statements can land you in serious legal trouble. Two charges we frequently see in federal court here in Houston and Galveston are obstruction of justice and lying to federal agents.
Both of these fall under federal jurisdiction and carry heavy consequences. If you’re under investigation or already charged, you need to talk to a qualified federal criminal defense attorney immediately. At Tad Nelson & Associates, we’ve represented clients across Southeast Texas dealing with exactly these kinds of charges — and helped them avoid the worst outcomes.
What is Obstruction of Justice?
Under 18 U.S. Code § 1503, obstruction of justice involves any action that corruptly influences, obstructs, or impedes the due administration of justice. That could include:
- Destroying evidence or records
- Threatening or bribing a witness
- Intimidating a juror or law enforcement officer
- Lying during testimony
- Coaching someone to lie under oath
In federal cases, obstruction charges often come into play during investigations involving fraud, conspiracy, white-collar crimes, or even drug trafficking. Sometimes, the obstruction charge becomes more serious than the original investigation itself.
In practice, we’ve seen federal prosecutors tack on obstruction charges simply because a person deleted emails or avoided a subpoena. The Department of Justice takes any hint of interference with an investigation extremely seriously — and the penalties reflect that.
Lying to Federal Agents: 18 U.S.C. § 1001
Most people don’t know that you can be charged with a felony for lying to a federal officer — even if you’re not under oath. That’s the sting of 18 U.S. Code § 1001. It criminalizes making materially false, fictitious, or fraudulent statements in any matter within the jurisdiction of the U.S. government. This includes interviews with:
- FBI agents
- DEA agents
- IRS investigators
- Secret Service personnel
- Inspectors with any federal agency
Whether you’re caught in a lie or just gave incomplete information, you could face up to five years in prison — or more if your statement is connected to terrorism or other national security concerns.
Here’s the catch: agents don’t have to read you your Miranda rights to ask questions. That means you can unknowingly incriminate yourself or misstate facts without realizing you’re committing a crime. And once you’ve lied, even if it’s something minor, the government can use that charge as leverage against you during plea negotiations.
Real-World Examples from Southeast Texas
We recently represented a Houston businessman who was under federal investigation for a white-collar crime. He wasn’t charged initially — but when the FBI questioned him about emails he had deleted, he made a critical mistake. He said he didn’t remember deleting them. That small misstatement was enough for federal prosecutors to indict him under 18 U.S.C. § 1001. Luckily, we were able to challenge the “materiality” of the statement and got the charge dropped. But it was a close call.
In another case out of Galveston, a woman under investigation for Medicare fraud encouraged a co-worker to change their story when speaking to investigators. That turned into an obstruction charge, and the feds used it to pressure her into a plea deal. With proper representation from the start, it could’ve gone another way.
Your Right to Remain Silent Is Your First Line of Defense
When federal agents approach you, the smartest move is to exercise your constitutional right under the Fifth Amendment and remain silent. Don’t lie. Don’t volunteer information. Simply say:
“I’d be happy to cooperate. But I’d like to speak with my lawyer first.”
That’s it. Then call us.
Trying to talk your way out of trouble — especially with federal investigators trained to spot inconsistencies — is a losing game. Once you say something incorrect, you open the door to federal prosecution, even if you had nothing to do with the underlying investigation.
Penalties You Could Face
Here’s what’s on the line for each offense:
| Charge | Statute | Maximum Penalty |
|---|---|---|
| Obstruction of Justice | 18 U.S.C. § 1503 | Up to 10 years federal prison |
| False Statement to a Federal Agent | 18 U.S.C. § 1001 | Up to 5 years (or 8 years for terrorism cases) |
Charged or Being Investigated? Here’s What to Do
Time is critical. The earlier we can get involved, the better your outcome will be. We know how federal prosecutors operate. We know the U.S. Sentencing Guidelines, the discovery process in federal court, and how to negotiate — or fight — effectively in U.S. District Court.
Our firm — Tad Nelson & Associates — has handled countless federal cases. Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization, and Amber Spurlock is a former JAG officer with deep federal courtroom experience. This is what we do.
If you’re facing any type of federal investigation, especially one involving obstruction or false statements, do not talk to law enforcement until we’ve spoken. Call us today at (281) 280-0100 or contact us online.
More Resources
- Federal Drug Charges Defense
- White Collar Crime Defense
- Conspiracy Charges & Defense
- Federal Sentencing Guidelines Explained
Don’t guess. Don’t wait. Get legal help now.
