The penalty for submitting false documents in court runs on two tracks at once. Criminally, a person can face up to five years for perjury, up to ten for obstruction of justice, and up to twenty years under the federal records-falsification statute. Inside the lawsuit itself, the judge can impose fines, order payment of the other side’s legal fees, strike the fraudulent evidence, bar claims or defenses, or dismiss the case outright. Attorneys and other licensed professionals risk suspension or permanent loss of their license on top of everything else.
What Qualifies as a False Document
A document does not have to be invented from nothing to be false in the eyes of the court. A genuine record that has been deliberately altered counts, and so does a fabricated one. The defining element is intent: the person filing it knows it is inaccurate and uses it to gain an unfair advantage.
- Altered financial records, such as tax returns or bank statements changed to hide assets in a divorce or bankruptcy
- Forged signatures on contracts, wills, or affidavits
- Fabricated emails, letters, or text message screenshots offered as proof of a claim
- Manufactured invoices, receipts, or sales records in a commercial dispute
- Doctored medical records used to inflate injuries in a personal injury case
The alteration can be as small as backdating a single page. Changing one date on a contract crosses the line if it is done to deceive the court.
Criminal Charges the Filer Can Face
Criminal charges are separate from the lawsuit itself. Prosecutors do not have to wait for the underlying case to finish, and several statutes can apply to the same conduct.
Perjury
Federal perjury law makes it a crime to present material information you know to be false under oath or in a sworn declaration. Court filings are typically accompanied by a verification or a declaration under penalty of perjury, which pulls a falsified document into the statute. A conviction carries up to five years in federal prison.1Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally
Obstruction of Justice
Submitting a false document to influence the outcome of a case can also be charged as obstruction of justice. The general penalty is up to ten years in prison. If the obstruction involves a threat of physical force in a criminal trial, the maximum climbs to twenty years or the sentence for the underlying charged crime, whichever is higher.2United States Code. 18 USC 1503 – Influencing or Injuring Officer or Juror Generally
Falsifying Records in a Federal Proceeding
One of the harshest penalties comes from a Sarbanes-Oxley provision. Altering, falsifying, or concealing any record with the intent to obstruct a matter within the jurisdiction of a federal agency or a bankruptcy case carries up to twenty years in prison. The statute is broader than many people assume: it reaches anyone who falsifies records connected to a federal proceeding, not only corporate officers.3Office of the Law Revision Counsel. 18 USC 1519 – Destruction, Alteration, or Falsification of Records in Federal Investigations and Bankruptcy
Contempt of Court
A judge who discovers the fraud can hold the filer in criminal contempt. Federal courts have inherent power to punish contempt by fine, imprisonment, or both. Summary contempt is generally capped at six months of imprisonment. When the court gives formal notice and a hearing, the statute does not itself cap the punishment.4Office of the Law Revision Counsel. 18 USC 401 – Power of Court
Forgery
Forgery is mostly a state charge, and penalties vary widely. Most states treat it as a felony, with sentences running from one year to ten years or more depending on the type of document and the financial harm involved. Forged government documents, financial instruments, and court filings tend to draw the heaviest state penalties. At the federal level, specific statutes reach particular documents; forging a passport, for example, can carry ten to twenty-five years.5Office of the Law Revision Counsel. 18 USC 1543 – Forgery or False Use of Passport
What the Judge Can Do Inside the Lawsuit
The judge presiding over the original case has independent power to punish a party who files false evidence. These sanctions can hurt as much as a criminal conviction when it comes to the outcome of the dispute.
Monetary Penalties and Attorney’s Fees
A judge can order the offending party to pay monetary penalties and reimburse the other side for attorney’s fees caused by the misconduct. Under Rule 11 of the Federal Rules of Civil Procedure, when a party submits a document for an improper purpose or without evidentiary support, the court may direct payment of the opposing party’s reasonable expenses and fees.6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Striking Evidence and Barring Claims
The court can strike the fraudulent document from the record, bar the offending party from using certain evidence, or prohibit specific claims or defenses. These orders erase whatever advantage the false document was meant to secure.7Cornell Law Institute. Federal Rules of Civil Procedure Rule 37
Terminating Sanctions
In the worst cases, the judge can impose a terminating sanction. That means dismissing the offending party’s case outright or striking their answer to the complaint, which produces a default judgment against them. Courts reserve this measure for misconduct serious enough that a fair trial would no longer be possible. The practical effect is losing the lawsuit, often before a jury ever hears it.
Reopening a Judgment Already Obtained by Fraud
If the other side already won using false documents, the losing party is not necessarily stuck with that result. Federal Rule of Civil Procedure 60(b) lets a court set aside a judgment obtained through fraud, misrepresentation, or misconduct by an opposing party. The motion has to be filed within a reasonable time and no more than one year after the judgment was entered.8Legal Information Institute (LII) / Cornell Law School. Rule 60 – Relief from a Judgment or Order
Rule 60(d)(3) preserves a separate, deadline-free power to set aside a judgment for fraud on the court. This is a higher bar than ordinary party misconduct; it typically requires showing that the fraud was aimed at the judicial process itself, such as bribing a judge or systematically presenting fabricated evidence that corrupted the whole proceeding. When the standard is met, even a years-old judgment can be reopened.8Legal Information Institute (LII) / Cornell Law School. Rule 60 – Relief from a Judgment or Order
Professional License Consequences
Attorneys
Lawyers carry an added layer of accountability. The American Bar Association’s Model Rules of Professional Conduct require every attorney to be candid with the court. A lawyer cannot knowingly present false evidence, and if the lawyer later learns that material evidence they offered is false, they must take remedial steps, including disclosing the falsity to the judge if necessary. This duty overrides the normal obligation to keep client information confidential.9American Bar Association. Rule 3.3 – Candor Toward the Tribunal
An attorney who knowingly files false documents faces state bar discipline. Penalties range from reprimand and probation to suspension and permanent disbarment, and fraud and forgery are specifically listed among the causes that can end a legal career.10LII / Legal Information Institute. Disbarment
Other Licensed Professionals
Doctors, accountants, real estate agents, notaries, and other licensed professionals can lose their licenses after a conviction for a crime involving dishonesty. Most licensing boards treat perjury and forgery as crimes of moral turpitude, which is often grounds for automatic revocation or denial of a license. A doctor who falsifies medical records for a lawsuit, for example, risks criminal prosecution and the loss of medical licensure at the same time.
If You Suspect the Other Side Filed a False Document
Tell your attorney immediately and preserve everything that contradicts the suspect document, especially originals. Your attorney can move to strike the document, move for sanctions under Rule 11, and request a preservation order so the original cannot be altered further.11Legal Information Institute. Motion to Strike Criminal referral is a separate step. Your attorney can bring the matter to the local district attorney or, for fraud tied to a federal proceeding, to the FBI through the Internet Crime Complaint Center.12Internet Crime Complaint Center (IC3). Home Page – Internet Crime Complaint Center Judges also have their own authority to refer suspected fraud in their courtroom for criminal investigation.