It’s not surprising to see that federal prosecutors, state prosecutors and New York’s attorney general are reportedly looking into Santos’ deception, and much of the public likely wants to see Santos punished for his duplicity. Yet despite the brazenness and provable nature of Santos’ lies, no one should believe that an indictment is guaranteed. Lying to the public, as Santos has, may be despicable and indefensible, but it is not a crime. Santos’ lies could be a goldmine for establishing intent and impeaching him on cross-examination at trial, and, if he is convicted, enhancing his punishment at sentencing. And there are no obvious state violations or other punishments coming for Santos unless state investigators uncover new facts.

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