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1 1 (April 30, 1998)

handle is hein.crs/crsaatz0001 and id is 1 raw text is: 98-413 A April 30, 1998 CRS Report for Congress Received through the CRS Web Criminal Law: The Exculpatory No Doctrine Is Not A Defense Under 18 U.S.C. 1001 Paul Starett Wallace, Jr. Specialist in American Public Law American Law Division Summary In some judicial circuits, the exculpatory no doctrine has shielded from 18 U.S.C. §1001 liability an individual's denial of involvement in, or knowledge of criminal activity. In Brogan v. United States, the Supreme Court decided that there is no exception to §1001 criminal liability for a false statement consisting merely of an exculpatory no. The federal criminal code is found in section 18 of the United States Code. Section 18 U.S.C. 1001 makes lying to criminal investigators a federal felony. In Brogan v. United States,1 the petitioner, James Brogan accepted cash payments from JRD Management Corporation, a real estate company whose employees were represented by the union. Upon being questioned by federal agents from the Department of Labor and the Internal Revenue Service regarding whether he had received any cash or gifts from JRD when he was a union officer, his response was no. At that point, the agents produced company records showing the contrary. They also informed the petitioner that lying to federal agents in the course of an investigation was a crime. The petitioner did not modify his answers, and the interview ended thereafter. Subsequently, the petitioner was indicted for accepting unlawful cash payments from an employer in violation of 29 U.S.C. § § 186(b)(1), (a)(2), (d)(2), and making a false statement within the jurisdiction of a federal agency in violation of 18 U.S.C. § 1001. The petitioner was tried, along with several co-defendants, in the United States District for the Southern District of New York, and was found guilty. The United States Court of Appeals for the Second Circuit affirmed the convictions. The Supreme Court granted certiorari on the issue of the exculpatory no doctrine. 1 66 U.S.L.W. 4111 (U.S. Jan. 27, 1998). Congressional Research Service ** The Library of Congress

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