United States v. Yermian

Facts

Yermian made several false statements to his employer in connection with a Department of Defense security defense contractor position. Specifically, he failed to disclose a previous conviction of mail fraud and falsely stated that he had been employed by two companies that never employed him. He reviewed the document for errors and signed a certification stating that his answers were “true, complete, and correct tot he best of his knowledge.” He also signed stating that he understood that any misrepresentation or false statement may subject him to prosecution under section 1001 of the United States Criminal Code.

At trial, Yermian admitted to having actual knowledge of the falsity of the statements he submitted. However, he argued that he had no actual knowledge that his false statements would be transmitted to a federal agency. He requested a jury instruction requiring the Government to prove not only that he had actual knowledge that his statements were false, but also that he had actual knowledge that those statements were made in a matter within the jurisdiction of a federal agency. The trial court rejected this request, and instead told the jury that the Government must prove that Yermian “knew or should have known that the information was to be submitted to a government agency.” The jury found him guilty of three counts of violating 18 U.S.C. § 1001.

The Court of Appeals for the Ninth Circuit reversed, holding that the trial court erred in failing to give the requested jury instruction. It stated that an essential element of 18 U.S.C. § 1001 required the Government to prove that the defendant knew at the time he made the false statements that it was made in a matter within the jurisdiction of a federal agency.