James Brogan was unexpectedly visited one evening at his home by federal investigators.
The officers had records indicating that Brogan had received cash payments from a company whose employees were members of a union in which Brogan was an officer. Such an act would have violated federal bribery statutes. The officers asked Brogan if he had received any cash or gifts from the company. Brogan answered “no.” Brogan was charged with violating federal bribery laws and with lying to a federal officer who was in the course of performing his or her duty to investigate criminal activity, as prohibited by 18 U.S. Code Section 1001. Do you see any potential for the possible abuse of prosecutorial discretion if persons in Brogan’s situation can be convicted of a federal felony for untruthfully answering an incriminating question posed by federal officers in the course of an investigation?