Skip to content

File 030927

Email Exchange on FBI 302 Interview Reports and Legal Risks (File 030927)

Email forwarding a guest column by Sam Fields discussing the risks and inaccuracies of FBI 302 interview reports, with examples of how discrepancies between witness accounts and FBI summaries can create legal jeopardy under federal law.

Summary

Ken Jenne forwards to Grant J. Smith an op-ed by Sam Fields criticizing FBI 302 interview report practices. Fields argues that 302 reports often contain significant discrepancies from actual witness statements, and that witnesses face legal exposure under 18 USC 1001 (lying to the government) if their trial testimony contradicts the FBI's summary. The column includes case examples, such as Fields' experience providing his own tape recorder when the FBI refused to record an interview, and discusses how FBI investigators approach corruption cases by assuming guilt and selectively interpreting evidence. Fields advises caution for witnesses in corruption, RICO, and white-collar crime investigations.

Topics