# Justice Manual § 9-42.160: False Statements to a Federal Criminal Investigator

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-42.160

## Section

- **Citation:** Justice Manual § 9-42.160
- **Heading:** False Statements to a Federal Criminal Investigator
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-42.000 - Fraud Against the Government / Justice Manual § 9-42.160

## Text

It is the Department's policy not to charge a Section 1001 violation in situations in which a suspect, during an investigation, merely denies guilt in response to questioning by the government. This policy is to be narrowly construed, however; affirmative, discursive and voluntary statements to Federal criminal investigators would not fall within the policy. Further, certain false responses to questions propounded for administrative purposes (e.g., statements to border or United States Immigration and Naturalization Service agents during routine inquiries) are also prosecutable, as are untruthful "no's" when the defendant initiated contact with the government in order to obtain a benefit.

Prior consultation with the Criminal Division is not required before initiating prosecutions for false statements to Federal investigators; however, the Fraud Section is available for consultation on cases involving these principles.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-42.001 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-42.001.md)
- [Justice Manual § 9-42.010 Coordination of Criminal and Civil Fraud Against the Government Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-42.010.md)
- [Justice Manual § 9-42.160 False Statements to a Federal Criminal Investigator](https://www.frixlaw.com/law-library/statutes/JM_S9-42.160.md)
- [Justice Manual § 9-42.191 Application of Appropriate Statute](https://www.frixlaw.com/law-library/statutes/JM_S9-42.191.md)
- [Justice Manual § 9-42.420 Federal Procurement Fraud Unit](https://www.frixlaw.com/law-library/statutes/JM_S9-42.420.md)
- [Justice Manual § 9-42.430 Department of Defense Voluntary Disclosure Program](https://www.frixlaw.com/law-library/statutes/JM_S9-42.430.md)
- [Justice Manual § 9-42.440 Provisions for the Handling of Qui Tam Suits Filed Under the False Claims Act](https://www.frixlaw.com/law-library/statutes/JM_S9-42.440.md)
- [Justice Manual § 9-42.451 Plea Bargaining in Medicare-Medicaid Frauds](https://www.frixlaw.com/law-library/statutes/JM_S9-42.451.md)
- [Justice Manual § 9-42.500 Referral Procedures—Relationship and Coordination With the Statutory Inspectors General](https://www.frixlaw.com/law-library/statutes/JM_S9-42.500.md)
- [Justice Manual § 9-42.510 Social Security Fraud](https://www.frixlaw.com/law-library/statutes/JM_S9-42.510.md)
- [Justice Manual § 9-42.530 Department of Defense Memorandum of Understanding](https://www.frixlaw.com/law-library/statutes/JM_S9-42.530.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-42.160. Check the current official text before relying on it. Not legal advice.