Former House Speaker Dennis Hastert will be pleading guilty to lying to Federal Law Enforcement Officers. The full story is available through NBC. The original indictment can be found through the Washington Post.
This lie occurred while law enforcement officers were investigating why former Speaker Hastert was making multiple withdraws from his savings account in amounts less than $10,000.00. In truth, the withdrawals were done in amounts of less than $10,000.00 to avoid his bank from making automatic disclosures to the Federal Government, which essentially allows the Federal Government to know when large amounts of money are being moved around. Former House Speaker Hastert was withdrawing this money to pay off an individual who was essentially blackmailing Hastert about alleged sexual improprieties that occurred in the 1970s and 1980s.
When asked by Federal Agents why he was withdrawing money from his savings account, former Speaker Hastert told the Federal Agents that he “kept the cash” because he did not have confidence in the banking system. This was a lie, as the Federal Agents learned he did not keep the cash, but used the cash to pay his blackmailer.
Most people don’t realize that it is a crime to lie to law enforcement officers who are conducting an investigation. Some people like former Speaker Hastert learn the hard way.
Indiana also has laws against individuals providing false information to law enforcement officers who are conducting an investigation. If a person either gives a false report of a crime, or gives false information to a police officer investigating a crime, it is a class B misdemeanor, punishable with up to six (6) months in jail. If the information substantially hinders law enforcement officers it is a class A misdemeanor, punishable with up to a one (1) year in jail.
No one should ever lie to a police officer while that Officer is investigating a crime. But most people don’t realize how broad this law can be applied. The law doesn’t require that you know the officer is conducting an investigation. The law doesn’t require that the lie be substantially related to the investigation.
Theoretically, a police officer, investigating a theft in the neighborhood, could knock on your door and ask you what you had for breakfast. Thrown off by the question, you respond, “Cereal.” The officer then notices a frying pan with egg shells next to it. The officer says, “You had eggs, didn’t you.” You say, “Yes.” You can now be arrested for false informing. And your defense of, “it was a mistake because I was nervous” or “I didn’t mean to lie” must now be told to a judge or a jury of your peers.
So what is the solution? What should you say to a police officer that is questioning you? You can never go wrong with, “I Plead the Fifth. I want to talk to my attorney Marc Lopez. His number is 317 632 3642.” If former House Speaker Dennis Hastert had said this, he wouldn’t be facing years in jail. If Martha Stewart (who also went to jail for lying to police officers) had said this she could have avoided five (5) months in jail. You can never go wrong, pleading the Fifth.
If you or a loved one are facing criminal charges and you are looking for experienced attorneys that will fight for you, please call the experienced lawyers at the Marc Lopez Law Firm to discuss your case. Our number is (317) 632-3642. Or contact us by e-mail.
