"Die Hard" Director Sentenced to Four Months for False Statements

Film director John McTiernan was sentenced on Monday to four months in prison, two years supervised release and a $100,000 fine in connection with a federal racketeering case against celebrity private investigator Anthony Pellicano.^[1]

U.S. District Judge Dale Fischer sentenced McTiernan after denying a motion that would have allowed McTiernan to withdraw his April 2006 guilty plea.^[2] At that time, McTiernan admitted to making "knowingly false statements” to FBI agents about Pellicano's alleged illegal wiretapping operation.^[3] When asked by the judge whether he had any statement to make prior to sentencing, McTiernan said "No, ma'am."^[4]

McTiernan told the court when he entered his plea that he was lying when he told a person identifying himself as an FBI agent that the only time he hired Pellicano was during his divorce. However, in April 2006, McTiernan admitted to hiring Pellicano to wiretap movie producer Charles Roven in 2000 prior to the two men working together in the 2002 action film "Rollerball." McTiernan paid Pellicano $50,000 to place the wiretaps.^[5]

During a 90-minute hearing Monday, Sept 24, McTiernan's federal criminal defense attorneys asserted that at the time McTiernan lied to the FBI, he had just returned from Thailand, was suffering from typhoid fever and had stopped taking medication for his depression.^[6] His attorneys further argued that McTiernan was unprepared for the telephone call and was not told that he could consult with a lawyer.^[7]

The prosecution opposed McTiernan's motion. Assistant U.S. Attorney Daniel Saunders said the director "admitted that he knowingly lied ... to the agent…….It certainly does not do anything to put into doubt that ... his statements to the agent were knowingly false." The judge agreed with the prosecution, finding McTiernan's argument to be "completely lacking" in credibility.^[8]

False Statements
False Statements are covered under 18 U.S.C §1001. wherein it states that a) except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully 1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;^[9] 2) makes any materially false, fictitious, or fraudulent statement or representation; or^[10] 3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;^[11] shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.^[12].

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^[1] CBS Staff, ‘Die Hard' Director Gets 4 Months In Prison, CBS 2 News(Hollywood), September 24, 2007, available at http://cbs2.com/topstories/local_story_267161501.html (last visited September 24, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 18 U.S.C §1001(a)(q)(2007).
^[10] Id. at §1001(a)(2).
^[11] Id. at §1001(a)(3).
^[12] Id.