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Criminal Law Keyed to Kennedy
James Brogan v. United States
Citation:522 U.S. 398 (1998)
The defendant was employed as a union officer during 1987 and 1988. He accepted cash payments from JRD Management Corporation, a real estate company whose employees were represented by the union. On October 4, 1993, federal agents from the Department of Labor and the Internal Revenue Service visited the defendant at his home. The agents identified themselves and explained that they were seeking his cooperation in an investigation of JRD and various individuals. They asked him whether he had received any cash or gifts from JRD when he was a union officer. He told them “no.” However, a search of JRD headquarters had produced company records showing the contrary. They informed him of this and also told him that lying to federal agents in the course of an investigation was a crime. The defendant did not modify his answers, and the interview ended shortly thereafter.
The defendant was charged for making a false statement within the jurisdiction of a federal agency in violation of 18 U.S.C.S. § 1001. He appealed, arguing that his false statements fell within the “exculpatory no” doctrine.
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