By Leland C. Abraham, Esq.
To most people, a simple lie is a means to an end. Generally, that end is to get out of trouble. In most respects, lying to investigators is not that big of a deal. If an officer were to pull you over and ask you routine questions, the accuracy of your answers will probably not matter that much if your case were to go to a trial. However, the story changes when the investigator is a federal agent. This scenario has played out recently with a few high profile celebrities.
The first celebrity of noteworthy attention is Martha Stewart. While most people believe that she went to prison for insider trading on the stock market, few know that she actually went to prison on a perjury charge. Perjury occurs whenever a witness is found to be telling a lie while under oath. While a charge of perjury mainly comes once someone is on the witness stand, there is an exception to this general rule when the potential witness is speaking to a federal investigator. Few people know that speaking to a federal investigator, of any kind, is considered testimony “under oath.” This is across the board with federal investigators, whether they are FBI agents or IRS agents. When federal authorities investigated Martha Stewart for insider trading, she made several false statements to federal investigators. As a result of these false statements, she was charged with committing perjury and sentenced to a term in a federal penitentiary.
Another celebrity case is that of Marion Jones. Amidst the steroid controversy, Marion Jones admitted that she used performance enhancing drugs during her 2000 Olympic campaign. During a previous federal investigation, she told federal investigators that she did not use performance enhancing drugs and she did not know of any source in which athletes may obtain such drugs. Federal investigators were able to prove that her previous statement was untrue. As a result, Marion Jones was sentenced to a term of six (6) months in a federal prison.
Two more celebrities who are being impacted by lying to federal authorities is Barry Bonds and Roger Clemens. Barry Bonds is charged with perjury as it relates to his use and statements of use of performance enhancing drugs . What about Roger Clemens? Is the issue of race more prevalent in determining when celebrities like Roger Clemens will or will not be charged with perjury? The federal government has made it clear that when an athlete is caught making false statements to a federal investigator, that athlete will be sentenced to a term in federal prison (see Marion Jones). To be consistent in its application of the perjury charge, the pressure should be on the federal government to bring Roger Clemens on perjury charges as well.
Like Barry Bonds, Roger Clemens is an acclaimed baseball pitcher who is accused of using performance enhancing drugs during one of his MVP seasons. During Congressional hearings, Clemens categorically denied using performance enhancing drugs. In fact, Clemens scolded certain members of the press for not giving him the benefit of the doubt in this matter. Clemens also filed a defamation suit against the man who accused him of using steroids. Since the congressional hearings, there has been evidence that suggests that Clemens indeed did use steroids. If this is the case, Clemens would have lied to federal investigators on several occasions, including to congressional members at the congressional hearings. If Clemens did lie to Congress and federal investigators, then he deserves to be brought up on perjury charges and receive a punishment no less than six months in a federal prison as Marion Jones received. However, this is where the issue of race might come into play. Like the disparity in prison sentence to those who distribute and sell cocaine versus crack cocaine, you can only imagine that the punishment, if any, Roger Clemens will receive will be far less than what Barry Bonds will receive and Marion Jones received if convicted of perjury. But, keep your eyes open to see if justice is fair even in the case of lying to federal authorities.
The first celebrity of noteworthy attention is Martha Stewart. While most people believe that she went to prison for insider trading on the stock market, few know that she actually went to prison on a perjury charge. Perjury occurs whenever a witness is found to be telling a lie while under oath. While a charge of perjury mainly comes once someone is on the witness stand, there is an exception to this general rule when the potential witness is speaking to a federal investigator. Few people know that speaking to a federal investigator, of any kind, is considered testimony “under oath.” This is across the board with federal investigators, whether they are FBI agents or IRS agents. When federal authorities investigated Martha Stewart for insider trading, she made several false statements to federal investigators. As a result of these false statements, she was charged with committing perjury and sentenced to a term in a federal penitentiary.
Another celebrity case is that of Marion Jones. Amidst the steroid controversy, Marion Jones admitted that she used performance enhancing drugs during her 2000 Olympic campaign. During a previous federal investigation, she told federal investigators that she did not use performance enhancing drugs and she did not know of any source in which athletes may obtain such drugs. Federal investigators were able to prove that her previous statement was untrue. As a result, Marion Jones was sentenced to a term of six (6) months in a federal prison.
Two more celebrities who are being impacted by lying to federal authorities is Barry Bonds and Roger Clemens. Barry Bonds is charged with perjury as it relates to his use and statements of use of performance enhancing drugs . What about Roger Clemens? Is the issue of race more prevalent in determining when celebrities like Roger Clemens will or will not be charged with perjury? The federal government has made it clear that when an athlete is caught making false statements to a federal investigator, that athlete will be sentenced to a term in federal prison (see Marion Jones). To be consistent in its application of the perjury charge, the pressure should be on the federal government to bring Roger Clemens on perjury charges as well.
Like Barry Bonds, Roger Clemens is an acclaimed baseball pitcher who is accused of using performance enhancing drugs during one of his MVP seasons. During Congressional hearings, Clemens categorically denied using performance enhancing drugs. In fact, Clemens scolded certain members of the press for not giving him the benefit of the doubt in this matter. Clemens also filed a defamation suit against the man who accused him of using steroids. Since the congressional hearings, there has been evidence that suggests that Clemens indeed did use steroids. If this is the case, Clemens would have lied to federal investigators on several occasions, including to congressional members at the congressional hearings. If Clemens did lie to Congress and federal investigators, then he deserves to be brought up on perjury charges and receive a punishment no less than six months in a federal prison as Marion Jones received. However, this is where the issue of race might come into play. Like the disparity in prison sentence to those who distribute and sell cocaine versus crack cocaine, you can only imagine that the punishment, if any, Roger Clemens will receive will be far less than what Barry Bonds will receive and Marion Jones received if convicted of perjury. But, keep your eyes open to see if justice is fair even in the case of lying to federal authorities.
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