White Collar Defense Advisory: Avoiding Charges of Perjury and False Statements

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The recent federal indictment of baseball’s falling star Roger Clemens for lying under oath to Congress when he denied using performance-enhancing drugs should be a reminder to high-profile athletes and white collar executives alike that the cover-up can be far worse than the underlying conduct. Government prosecutors can—and do—bring perjury and false statement charges without ever charging the individual with the underlying conduct that was the focus of their investigation. Clemens has never been charged with using illegal, performance-enhancing drugs, and may never have faced prosecution had he not voluntarily testified before Congress. He now faces a maximum 30-year prison term and a $1.5 million fine.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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