Misprision of a Felony

Misprision of a Felony (18 U.S.C. § 4) – Federal Criminal Defense

Misprision of a felony is one of the oldest and least understood federal criminal statutes. Codified under 18 U.S.C. § 4, it makes it a crime to knowingly conceal a federal felony and fail to report it to authorities.

Although rarely charged, federal prosecutors have increasingly revived this statute in white-collar, healthcare fraud, and conspiracy-related cases.

A conviction for misprision of a felony carries a sentence of up to 3 years in federal prison, substantial fines, and a permanent federal criminal record.

Importantly, mere silence is not enough to support a conviction. Prosecutors must prove active concealment of a known felony.

If you are under investigation or have been charged, understanding the scope and limits of this law is critical.

Our California federal criminal defense lawyers will provide an overview below.

What Does 18 U.S.C. § 4 Say?

The statute provides:

“Whoever, knowing the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”

This language creates two essential duties:

Do not actively conceal a known federal felony, and
Report it to the appropriate authorities within a reasonable time.

Historical Origins of Misprision of a Felony

Misprision of a felony traces back to English common law in the 16th century, where citizens had a duty to report serious crimes to the Crown.

The United States adopted this principle after independence, embedding it into federal law as a mechanism to deter passive complicity in criminal conduct.

Despite its age, the statute was rarely enforced for decades. In modern practice, however, prosecutors have revived it as a leverage charge in complex federal investigations.

How Misprision of a Felony Is Applied Today

Today, misprision is most often charged alongside other federal offenses, rather than as a standalone crime. It frequently appears in cases involving:

Healthcare fraud
Financial crimes and corporate misconduct
Federal conspiracy investigations
Obstruction-related conduct

For example, an employee who knows about fraudulent billing practices and takes steps to conceal them, such as falsifying records or lying to investigators, could face misprision charges.

Importantly, there is no general duty to “snitch.” The crime requires affirmative acts of concealment, not mere knowledge or silence.

Can You Be Prosecuted for Simply Failing to Report a Felony?

No, not by itself. Federal courts have made clear that failure to report alone is insufficient.

In United States v. Olson (9th Cir. 2017), the court held that prosecutors must prove both knowledge and active concealment. Passive nondisclosure does not constitute misprision.

This ruling significantly narrowed the scope of the statute and protects individuals from prosecution based solely on inaction.

Elements Prosecutors Must Prove

To convict someone under 18 U.S.C. § 4, the government must establish all of the following beyond a reasonable doubt:

A federal felony was committed
The defendant knew the felony occurred
The defendant knew the crime was punishable as a felony
The defendant failed to report the felony within a reasonable time
The defendant took affirmative steps to conceal the crime

If any one of these elements is missing, the charge cannot stand.

Common Examples of “Active Concealment”

Active concealment may include conduct such as:

Destroying or altering evidence
Making false statements to investigators
Helping hide illicit proceeds
Creating misleading records
Directing others to remain silent or lie

Simply overhearing criminal conduct or choosing not to report it, without more, is not enough.

Penalties for Misprision of a Felony

A conviction under 18 U.S.C. § 4 carries:

Up to 3 years in federal prison
Fines up to $250,000
A permanent federal felony record

Collateral consequences may include loss of professional licenses, reputational harm, and immigration consequences for non-citizens.

Related Federal Crimes

Misprision is often charged alongside or compared to:

18 U.S.C. § 2 – Aiding and abetting
18 U.S.C. § 3 – Accessory after the fact
18 U.S.C. § 371 – Conspiracy
18 U.S.C. § 1001 – False statements
Healthcare fraud statutes under 18 U.S.C. § 1347

Each offense carries different elements and penalties, making precise legal analysis essential.

Common Defenses to Misprision Charges

A strong federal criminal defense strategy focuses on undermining the prosecution's ability to prove knowledge and concealment. Common defenses include:

Lack of knowledge of the underlying crime
Lack of knowledge that the crime was a felony
No active concealment occurred
Coercion or duress, including credible threats of harm
Constitutional violations, such as unlawful searches or interrogations

Early legal intervention can often prevent misprision charges from being filed.

Speak With a Federal Criminal Defense Attorney

Misprision of a felony is a technical and often misunderstood charge that federal prosecutors sometimes use strategically. If you are under investigation or have been indicted, your response must be precise, informed, and immediate.

Eisner Gorin LLP represents clients nationwide in complex federal criminal matters, including white-collar and fraud-related cases. Our attorneys are based in Los Angeles, California, and offer confidential case evaluations.

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