How Serious is Witness Tampering in Illinois?

 Posted on March 12, 2025 in Criminal Defense

A few months back, a Chicago businessman was found guilty of attempting to influence the testimony of a witness in his federal tax fraud case. The man was originally indicted in 2018 on federal tax charges, but later, a superseding indictment added counts of witness tampering and contempt of court. Allegedly, the man gave a witness - a woman who provided bookkeeping and accounting services for his companies - a copy of her prior testimony with handwritten notes that changed, supplemented, or "scripted" her answers.

At that time, his bond was revoked, and he was remanded into federal custody until his trial. Witness tampering is a form of obstruction of justice, which is any act that interferes with the judicial process. Lying to investigators, witness tampering, and destroying evidence of a crime can all fall under obstruction of justice. These are very serious charges with severe penalties. If you have been charged with witness tampering or another type of obstruction of justice, it is important that you speak to an experienced Geneva, IL criminal defense attorney.  

What is Witness Tampering, and Is It a Federal or State Criminal Offense?

Under federal statute 18 U.S. Code, Section 1512, it is a federal crime for an individual to prevent a witness from testifying or cooperating. It must be shown that the defendant tried to change the testimony of a witness or prevent the witness from testifying at all. The action does not have to be completed for an individual to be charged with this criminal offense.

The testimony could be coming from the victim of the charged crime, a witness to the crime, or an informant. Using force, intimidation, fear, threats, or any other unlawful means to prevent a person from truthfully testifying can be charged under federal or state statutes. Some examples of witness tampering include:

•  Preventing a witness from attending any type of legal proceeding
• Asking a witness not to cooperate with law enforcement
• Asking a witness to lie
•  Using or threatening physical violence to cause injury to a witness
• Making threats to a witness or his or her family if the witness testifies truthfully
•  Offering a bribe to a witness in return for favorable testimony

Federal witness tampering charges are usually broader and apply to cases that involve federal officials or cross a state line and may involve the FBI or other federal agencies. Illinois state witness tampering charges apply when the offense occurred within the state’s jurisdiction.

What Are the Penalties for Witness Tampering?

If charged and convicted federally, the penalties for witness tampering can be up to 20 years in federal prison, extensive fines, and forfeiture of assets used in the facilitation of the crime. Witness tampering charged and convicted under Illinois statute is classified as a Class 4 felony, which can result in one to three years in prison and fines as large as $25,000.

Are There Defenses to Witness Tampering?

While every situation is unique, and the facts and circumstances will dictate the specific defense, some of the more common defenses to witness tampering include:

• There was no intent involved.
• There is insufficient evidence to support the allegations.
• The defendant’s actions were misinterpreted or misunderstood.
• There was no official proceeding occurring at the time of the alleged obstruction.
• The federal statute under which the defendant is charged is overly vague or broad.

Contact a Kane County, IL Criminal Defense Attorney

If you have been charged under federal or state law with obstruction of justice, including witness tampering, it is important that you contact a knowledgeable St. Charles, IL criminal defense lawyer from Komie and Associates. Attorney Komie regularly represents high-profile clients and those facing serious criminal charges. With more than 40 years of experience in criminal defense, Attorney Komie has extensive experience in state, federal, and international trials. Call 312-263-2800 to schedule an initial consultation.