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1,001 Reasons to Shut Up
By Rick Collins, Esq.
Admitting to a crime just strengthens the case against you – in some cases it can provide the essential evidence to make a case against you.
Q: I saw you on a bodybuilding podcast. Can you explain again why denying a crime to federal agents who question you is a bad idea?
A:I’ve done a ton of podcast interviews this past year. You can find links on my Instagram page @RickCollinsEsq. Follow me for cool content on bodybuilding, law, supplements, and a little social commentary and humor, too. I’ve also launched my own “Legal Muscle” podcast with Ron Harris on MuscularDevelopment.com, so be sure to check that out.
As for talking to federal agents, let me give you a real-world context for your question. I recently sat down with a new client in my office who was concerned about a package of gear coming to his residence from China. When the package was delayed, he tracked it online and found that it had been intercepted at the port of entry airport for further inspection. He knew that an analysis of the contents would reveal anabolic steroids (a controlled substance). He also knew that if the Feds accessed his previous delivery history from the carrier, they would see a long-term, frequent pattern of similar packages from China. And, if they looked into his background, they’d find a prior steroid conviction. If all this information became known to the Feds, what could happen next? He already knew the three possibilities.
The first possibility: The Feds could mail him a Seizure Notice, advising him that his package had been confiscated due to its illicit contents and inviting him to contact them if he believed he had a lawful right to the contents. He said he wasn’t “stupid enough” to engage with them, but he was aware that the government would now have more information about him in its database and that there might be enhanced scrutiny of future deliveries to his address or any postal boxes opened in his name.
The second possibility: Federal agents could appear at his residence to ask him questions in a “Knock and Talk” visit. “Was he expecting an international parcel? Did he order steroids? Had he ordered other packages? Does he use steroids?” Most people, under police questioning, either admit or deny wrongdoing. Those who admit do so because they think they’re caught anyway, or because they feel compelled to submit to authority. But, of course, admitting to a crime just strengthens the case against you – in some cases it can provide the essential evidence to make a case against you. Those who deny facts – such as claiming that you didn’t track the package, never ordered anything from China, etc. – do so because they think it serves their interests. But denying material facts can also get you arrested! That’s because Title 18, Section 1001 of the US Code makes lying to the Feds a crime, punishable by up to five years in prison! The 1001 law generally makes it a crime to knowingly and willfully make a “materially false, fictitious or fraudulent statement or representation” in matters within federal jurisdiction. Yes, that includes when talking to agents investigating your package!
The third possibility: Feds attempt a Controlled Delivery of the package with an agent disguised as a courier or letter carrier. The goal is to place the parcel in the suspect’s physical possession, and to then execute a search warrant to recover evidence. Once a suspect accepts a package, it’s common for a team of agents to swarm the residence, separating the occupants while they seize phones, computers, relevant documents, firearms, contraband of any type, and any cash on hand.
So, what’s the best way to limit the evidence against you and protect your constitutional rights in a Knock and Talk or Controlled Delivery scenario? Neither admit nor deny. Instead, respectfully tell the agents that you cannot speak with them without your lawyer present. Don’t worry if they pretend to be upset or if they assure you that they won’t arrest you if you confess. Invoking your right to counsel protects you by legally preempting further questioning. Ask for their contact information and tell them that your lawyer will call them promptly to discuss the matter. Then immediately contact an experienced criminal defense lawyer.
The client left my office feeling better informed and better protected, and, like so many in the hardcore bodybuilding and fitness world, put my office phone number on speed dial. I don’t mind if you do the same. Feel free to reach out to me at https://www.cgmbesq.com/
Rick Collins, Esq., CSCS [https://rickcollins.com/] is the lawyer who members of the bodybuilding community and dietary supplement industry turn to when they need legal help or representation. [© Rick Collins, 2023. All rights reserved. For informational purposes only, not to be construed as legal or medical advice.]
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