These are the offenses companies commit during an investigation rather than before it — and they are frequently the only charges that stick. 18 U.S.C. § 1001 reaches false statements in any matter within federal jurisdiction. § 1519 reaches destroying or falsifying records to impede a federal matter, and carries up to 20 years. § 1512 reaches corruptly persuading someone to withhold testimony or records. § 1505 reaches obstructing a pending agency proceeding.
Waxman Litigation acts for companies and their boards. Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption.
§ 1001 — false statements
Section 1001 reaches a knowing and willful false statement, concealment of a material fact, or false writing in any matter within the jurisdiction of the federal executive, legislative or judicial branch.
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 ), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not m
18 U.S.C. § 1001
It applies to statements made in a matter within the jurisdiction of any branch — not only under oath, and not only in a courtroom.
§ 1519 — records
Section 1519 covers altering, destroying, concealing or falsifying a record with intent to impede a federal investigation, and carries up to 20 years.
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. (Added Pub. L. 107–204, title VIII, § 802(a) , July 30, 2002 , 116 Stat. 800 .) U.S. Code Toolbox Law about… Articles from Wex Table of Popular Names Parallel Table of Authorities How current is this? Accessibility About LII Contact us Advertise here Help Terms of use Privacy
18 U.S.C. § 1519
⭐ Note the reach: “in relation to or contemplation of” a federal matter. Routine automated deletion continuing after a company learns of an inquiry is the classic exposure.
§ 1512 — witnesses and records
Section 1512 reaches corruptly persuading another person to withhold testimony or a document from an official proceeding, or to alter or destroy an object to impair its availability.
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to— (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of t
18 U.S.C. § 1512
§ 1505 — agency proceedings
Section 1505 covers corruptly influencing, obstructing or impeding a pending proceeding before a federal department or agency, or a congressional inquiry.
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress — Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331 ), imprisoned not more than 8 years, or both. (June 25, 1948, ch. 645, 62 Stat. 770 ; Pub. L. 87–664, § 6(a) , Sept. 19, 1962 , 76 Stat. 551 ; Pub. L. 91–452, title IX, § 903 , Oct. 15, 1970 , 84 Stat. 947 ; Pub. L. 94–435, t
18 U.S.C. § 1505
| Provision | Conduct | Maximum term |
|---|---|---|
| 18 U.S.C. § 1519 | Altering, destroying or falsifying records to impede a federal matter | 20 years |
| 18 U.S.C. § 1505 | Corruptly obstructing a pending agency or congressional proceeding | 5 years (8 if terrorism-related) |
| 18 U.S.C. § 1001 | False statements in a matter within federal jurisdiction | See the section |
| 18 U.S.C. § 1512(b) | Corruptly persuading another to withhold testimony or records | See the section |
The practical lesson
Every one of these offenses is available to a prosecutor regardless of whether the underlying conduct was ever chargeable. That is why the response to an investigation is managed as carefully as the substance of it — see government subpoenas and internal investigations.
Frequently asked questions
Can we be charged even if the original conduct was lawful?
These are free-standing offenses. They do not depend on the underlying matter being chargeable.
Does § 1001 only apply to sworn statements?
No — it concerns statements in any matter within the jurisdiction of the federal government.
What is the single most dangerous thing a company can do?
Continue routine document destruction after learning of an investigation. § 1519 reaches conduct in contemplation of a federal matter and carries up to 20 years.
Can managers tell staff what to say?
That is the territory § 1512(b) addresses. Employees can be told they may obtain their own counsel; instructing them what to say is different.
Who can be charged under these statutes?
Any person who makes the statement or handles the record — these are individual offenses. Section 1001 reaches whoever knowingly and willfully makes a materially false statement in a matter within federal jurisdiction; section 1519 reaches whoever alters, destroys or conceals a record with intent to impede a federal investigation.
Why are these charges so common in white-collar cases?
Because they arise from the investigation rather than from the conduct under investigation, and they require no showing that the underlying transaction was unlawful.
When does the limitation period on these offenses run?
Five years from the commission of the offense under 18 U.S.C. § 3282(a), which applies except where a statute expressly provides otherwise.
Where are these charges brought for conduct in Washington, D.C.?
In the United States District Court for the District of Columbia. Because §§ 1001 and 1505 reach matters within the jurisdiction of a federal department, agency or congressional committee, conduct directed at a body headquartered in Washington is ordinarily prosecuted in that district — one judicial district under 28 U.S.C. § 88.
How does an ordinary retention policy become an offense?
By continuing to run. Section 1519 applies to conduct in relation to or in contemplation of a federal matter, so scheduled deletion that proceeds after the company learns of an investigation can supply the act the statute punishes.
How much is the fine for a false statement or obstruction conviction?
Sections 1001, 1519, 1512 and 1505 each say the defendant shall be “fined under this title”, which routes to 18 U.S.C. § 3571 rather than naming a figure. Under § 3571 an individual found guilty of a felony may be fined up to $250,000, or the higher amount produced by the alternative measure in subsection (d).
Sources and legal authorities
General information about federal law, not legal advice, and not a prediction of any outcome. Federal criminal exposure turns on facts this page cannot assess. If your company has been contacted by investigators or has received a subpoena, take advice before gathering documents or interviewing staff.
Related: White-Collar Defense · Government Subpoenas · Internal Investigations · Public Corruption. Call (301) 901-3109 or use the contact page.