Less Isn't Always More: 1001(A)(1) Concealment Charges in Voluntary Disclosure Submissions

In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability under 18 U.S.C. 1001, and likely will have advised their clients of the paramount need to be truthful.

Voluntary communications, initiated by a company or individual, with government officials are of a different ilk, however, and practitioners in the past decade have taken guidance from United States v. Safavian, which stands for the proposition that it is not a crime to omit information when communicating with a government official, absent a legal duty to disclose those facts. However, a recent district court decision in the high-profile United States v. Craig case narrowed that holding, which may signal expanded liability when entities or individuals initiate communications with government agencies in the voluntary disclosure context.

Originally published in Business Crimes Bulletin; reprinted with permission.