--What NOT to do - When Federal Agents Come Knocking This treatise is in no way meant as a criticism of Larken Ros= e or his legal position on the Tax Code. But it is an excellent example of why= a citizen of today should not cooperate in any way with law enforcement off= icers of any kind, and in particular, with federal agents. It doesn't matter if= they are asking for your help as a possible witness or just for information --= or they consider you a suspect of some kind. Because so many people try to t= alk their way out of an initial law enforcement contact situation, they go to= prison. Most cops will admit that 70% of the people in prison today would= n't be there if they'd just kept their mouths shut.
A Treatise = Carl F. WordenBest example: Martha Stewart. Stewart was not convicted of stock tradi= ng fraud; she was convicted of lying to a federal investigator -- which is a= federal crime.
How do you avoid such a charge? Don't talk to a federal investigator o= f any kind, for any reason, ever, on or off the record. It's always on the reco= rd. Worden's Rule 1: Stick your tongue between your teeth and bite down until= the blood flows. Do not admit to anything. Especially, do not deny anything.= Remain mute, no matter how long they try to drag the interview out. Even = if an attorney representing you is present, say nothing unless in the privacy o= f his/her office.
They will show you evidence that you did something. You will be tempte= d beyond most human ability to resist to explain that evidence away. Don't = do it. Don't agree to any kind of test, be it polygraph, blood test or even= taking your fingerprints unless they force it upon you, but through it al= l, remain silent.
They will tell you somebody said something incriminating about you, or= that you were somewhere or that they said you were doing something or did something. Remain silent. Do not admit to or deny anything. If they ask y= ou how you're feeling, say nothing. If they ask you if it's raining and you = know it is coming down like Noah's Flood, say nothing.
Worden's Rule 2: Force the law enforcement agents to work only with th= e evidence they have. Do not allow your attorney or yourself to provide the= m with any defense you plan to use if you are charged with a crime unless a= nd until you are in court and testifying to a jury -- if that is necessary o= r wise at all. That way, they have to guess what defense you plan to use, w= hich makes it much more difficult for a prosecutor to prepare the case they ha= ve against you.
Never speak to anyone, especially a cellmate in jail, about your case = and how innocent or guilty you are. Remain absolutely silent on the matter, a= nd especially during telephone conversations. Law enforcement officers large= ly depend on suspects to try to talk their way out of a situation so they do= n't have to spend time in jail. When they do talk, everything they say gives = the law enforcement agent places to go, places to look, people to talk to, et= c., and that additional input often is what lands the suspect in prison, guil= ty or not. Law enforcement agents will tell you they are only trying to elimina= te you as a suspect. You will be tempted to help them. Don't do it. Stay absolutely silent no matter how guilty they will say it makes you look.=
Wordens Rule 3: If you are charged with a crime, the only time it coun= ts for you to offer an explanation is in front of the judge or jury hearing = your case -- and in most cases like that, it is still better you don't testify= at all because when you do you can be cross-examined by the prosecution.
Worden's Rule 4: Never allow your attorney or yourself to waive your r= ight to a speedy trial. Prosecutors and investigators use the time you are wai= ting for trial to develop more evidence against you. By demanding your constitutional right to a speedy trial, you shorten the time they have to= build a stronger case against you. You reduce the time a witness might be= identified or located to testify against you. If they proceed with prosec= uting you with the shoddy evidence they have and you are acquitted, they cannot= try you again for the same crime, even if you walk out of the courthouse afte= r an acquittal and admit to the press you did it!
Look at what happened to Scott Peterson. Not only did he talk to the= Modesto cops, he allowed interviews with reporters that were later used t= o paint him a liar. Had Peterson remained absolutely silent, no matter how= guilty it might have made him look, a lot of the "liar" evidence used to= convict him would never have been made available to the prosecution and t= he jury. Getting back to the feds: The federal government made it a crime to= merely lie to a federal investigator.
For that reason and that reason alone, don't talk to a federal investigator, ever, about anything. They enacted and enforce that law, so= it is best for every citizen not to speak to a federal investigator about anything, ever. They can't charge you with lying to them if you haven't s= poken to them.
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