When the Government “Misspells” to Mislead: Is FOIA Evasion a Crime?

Government transparency is not supposed to be optional. The Freedom of Information Act (FOIA) was enacted so the American public could look behind the curtain and understand what federal agencies are actually doing. But what happens when agencies—or their employees—intentionally alter names, identifiers, or spellings inside government databases to ensure those records never appear in a FOIA search?

Recent research—including a deep dive into Westlaw’s AI-assisted analysis—shows that while FOIA does not contain an explicit “anti-misspelling” clause, deliberate manipulation of identifiers can cross the line into criminal conduct.

Here’s what the law actually says—and doesn’t say.

FOIA Requires Good-Faith Searches. Manipulating Identifiers Violates That Duty.

Federal courts have repeatedly stated that FOIA requires agencies to conduct good-faith, reasonably calculated searches for requested records. That obligation is not a technicality—it is the backbone of the entire statute.

Courts have criticized agencies for inconsistent or evasive search methods, including situations where some offices search for the employees named in a FOIA request, while others search only for the requester’s name or avoid relevant personnel entirely. As Westlaw’s analysis explains, the court in Roseberry-Andrews v. DHS found that inconsistent or incomplete identifier searches undermine the adequacy of FOIA compliance.

In another case, Transgender Law Center v. ICE, the agency failed to search the email archives of two officials specifically named in the FOIA request, opting instead to search only their job titles—an error the court deemed inadequate.

These cases establish a critical principle:
Anything done to avoid capturing the right names—including intentional misspellings—compromises FOIA’s requirement of good faith.

When Evasion Becomes Obstruction: Criminal Liability Under 18 U.S.C. §§ 1519 and 2071

While FOIA itself does not impose criminal penalties for intentional misspellings or altered identifiers, two federal statutes absolutely do:

18 U.S.C. § 1519 – Falsification of Records

Section 1519 prohibits:

“knowingly altering, destroying, mutilating, concealing, covering up, falsifying, or making a false entry in any record” with intent to impede, obstruct, or influence the “proper administration” of any matter within federal jurisdiction.

The statute is intentionally broad. Courts have held that even omissions—like leaving required information out of a police report—constitute falsification when done with obstructive intent, as in United States v. Norman.

Similarly, United States v. Giampietro emphasized that § 1519 does not require a pending investigation; the statute criminalizes falsification done “in contemplation” of a federal matter Westlaw Precision – Westlaw AI-….

If government employees alter or misspell identifiers with the purpose of preventing FOIA disclosure, that falls squarely within the statute’s elements.

18 U.S.C. § 2071 – Concealment or Falsification of Federal Records

Section 2071 imposes penalties—including disqualification from federal office—for:

willfully and unlawfully concealing, removing, mutilating, obliterating, or falsifying records filed with any public office.

Intentionally altering a person’s name, alias, or identifier in an official system for the purpose of keeping a record out of FOIA production is arguably a textbook case of unlawful concealment.

What Are the Penalties for Falsifying Records to Evade FOIA?

If a federal employee deliberately alters or misspells identifiers to keep a record from showing up in a FOIA search, the consequences can be far more serious than a botched disclosure. Under federal law, this conduct can trigger significant criminal exposure, including prison time, fines, and even disqualification from government service.

1. Criminal Penalties Under 18 U.S.C. § 1519 (Falsification of Records)

Section 1519—enacted as part of the Sarbanes–Oxley anti-shredding reforms—sets out some of the harshest penalties in federal recordkeeping law. It makes it a felony to:

“knowingly…conceal, cover up, falsify, or make a false entry in any record…
with intent to impede, obstruct, or influence the investigation or proper administration of any matter within federal jurisdiction.”

Penalties include:

• Up to 20 years in federal prison, and
• Substantial fines
  (derived from the statutory text and case law discussed in Westlaw’s analysis, including United States v. Norman and United States v. Giampietro).

Critically, courts have held that no ongoing investigation is required. Intentionally deceptive behavior—including omissions or altered identifiers—can violate § 1519 even if the act is simply done “in contemplation” of a federal matter like FOIA compliance.

2. Criminal Penalties Under 18 U.S.C. § 2071 (Concealment of Federal Records)

Section 2071 prohibits willfully and unlawfully concealing, mutilating, obliterating, or falsifying federal records. The penalties include:

• Up to 3 years imprisonment
• Fines
• And notably, disqualification from holding federal office under § 2071(b)

This statute is rarely discussed publicly, but it is one of the few federal laws where Congress expressly stated that a violator “shall…be disqualified from holding any office under the United States.”

Altering identifiers to prevent a document from being found in a FOIA search fits squarely within the statute’s prohibition on concealment and falsification, per Westlaw’s statutory summary and case citations Westlaw Precision – Westlaw AI-….

3. Civil and Administrative Penalties for FOIA Bad Faith

In addition to criminal exposure, courts can impose aggressive civil remedies when intentional evasion is proven:

• Injunctive relief ordering agency compliance
• Court supervision or structural reforms, as in Nightingale v. USCIS, where DHS agencies were found to have a pattern or practice of FOIA violations
• Civil fines under state analogs (e.g., Illinois FOIA allows $2,500–$5,000 per violation for willful or intentional misconduct)
• Attorneys’ fees
• Judicial findings of bad faith, which carry reputational and administrative consequences across agencies

Federal courts emphasize that actions done “deliberately, by design, and with dishonest purpose” violate FOIA’s core requirements.

Bad-Faith FOIA Practices Are Also Actionable in Court

Courts have repeatedly held that deliberate or systematic evasion of FOIA is illegal, even if not criminally prosecuted.

In Williams v. Bruscato, the Illinois Appellate Court held that “willful, intentional, and bad-faith” failure to comply with FOIA is sanctionable misconduct.

Federal courts similarly condemn “pattern or practice” FOIA violations—systematic delays, evasive searches, or refusal to disclose non-exempt documents. For example:

• Nightingale v. USCIS found DHS and ICE engaged in a pattern of FOIA violations through chronic delay and inadequate compliance systems.
• The D.C. Circuit in Judicial Watch v. DHS recognized that unreasonable delays used to force requesters into litigation violate FOIA’s intent and purpose.

These rulings make clear:
If intentional misspellings contribute to a broader practice of avoiding disclosure, courts can issue injunctions, sanctions, and civil penalties.

So Is It Illegal to Evade FOIA Through Misspellings?

Based on the combined Westlaw analysis:

1. FOIA itself does not have a criminal “misspelling” provision.

That’s why agencies sometimes think they can get away with subtle forms of evasion.

2. BUT intentional misspelling designed to evade disclosure can violate other federal laws.

Especially:

• 18 U.S.C. § 1519 (falsification/obstruction)
• 18 U.S.C. § 2071 (concealment of records)

The point is simple:
If the misspelling is intentional and done to hide responsive records, it is not clerical—it is falsification.

3. Courts treat intentional evasion as bad faith and can impose civil penalties.

FOIA requires transparency and diligence. Anything done “deliberately, by design, and with a dishonest purpose” is actionable, as confirmed by Westlaw’s findings and the cases cited above.

Conclusion: Misspellings Aren’t Harmless—They’re a Transparency Loophole Courts Take Seriously

While the public often views FOIA as slow or frustrating, the law is clear:
Agencies must search honestly, disclose diligently, and cannot manipulate records to avoid sunlight.

If you believe a federal agency has engaged in FOIA misconduct—whether through altered identifiers, suspicious omissions, or a pattern of obstructive practices—our office can help you evaluate your rights, pursue relief, and hold the government accountable.

Government transparency shouldn’t depend on how someone chooses to spell your name.

Research

https://davidlevinesq.com/wp-content/uploads/2025/11/Westlaw-Precision-FOIA-Evasion-11-14-2025.pdf

https://davidlevinesq.com/wp-content/uploads/2025/11/cocounsel_FOIA-Evasion_2025_11_14_1.pdf

https://davidlevinesq.com/wp-content/uploads/2025/11/cocounsel_FOIA-Evasion_2025_11_14_2.pdf