In a recent court filing, federal prosecutors have alleged that Alex Murdaugh, the disgraced former attorney, failed a lie detector test administered as part of his plea agreement for a series of financial crimes. As a result, the US Attorney's Office for the District of South Carolina is requesting the court to release the federal government from the terms of the agreement, thus freeing prosecutors from their obligation to recommend a federal prison sentence concurrent with the one imposed in state court.

According to the court filing, Murdaugh's attorneys denied the accusation that he breached the plea agreement and opposed the prosecutors' request to seal the polygraph examination report. The defense argued that hiding the evidence from the public would violate their right to the truth, emphasizing the public's need for open and transparent judicial proceedings.

Alex Murdaugh, who is currently serving a 27-year sentence in state court for charges including money laundering, breach of trust, conspiracy, forgery, and tax evasion, pleaded guilty in September to 22 federal charges of conspiracy, fraud, and money laundering. Each of these charges carries a maximum sentence of up to 20 or 30 years in prison, according to federal prosecutors.

The failed polygraph test revelation comes just days before Murdaugh's scheduled federal sentencing hearing on April 1. The plea deal required Murdaugh to undergo polygraph examinations conducted by a government-appointed examiner as part of efforts to uncover any coconspirators and recover funds obtained through his schemes. The court filing states that around $6 million remains unaccounted for.

Under the plea agreement, the government had agreed to recommend a concurrent federal sentence as long as Murdaugh cooperated fully and was truthful with law enforcement. However, if the agreement was breached due to Murdaugh's lack of truthfulness, the government would be free to seek the maximum sentence, and Murdaugh would not be able to withdraw his guilty plea.

In October 2023, an FBI polygraph examiner conducted a two-part test on Murdaugh, focusing on the issues of hidden assets and the involvement of another attorney in his criminal conduct. The results indicated deception, leading the government to argue that the plea agreement should be voided.

The specifics of the examination, including the questions asked and Murdaugh's responses, remain undisclosed to the public. Prosecutors have proposed a motion to seal related exhibits, including the polygraph examination report and four FBI reports on interviews with Murdaugh from last year. They argue that sealing the evidence is necessary to protect the ongoing grand jury investigation into allegations of criminal activity involving other individuals.

Murdaugh's attorneys, however, oppose the motion to seal, suggesting that less drastic actions, such as redactions, should be considered. They contend that the public has a right to know the truth through open and transparent judicial proceedings.

The upcoming federal sentencing hearing will now hold even greater significance as the outcome will determine Murdaugh's fate in light of the alleged breach of the plea agreement. Meanwhile, the ongoing investigation continues to unravel potential criminal activities involving other individuals and the recovery of the "ill-gotten gains" for Murdaugh's victims.