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Bazantes: Affirming False Payroll Convictions But Vacating Loss Enhancement

By Tim Cone

In United States v. Bazantes, No. 17-15721 (Oct. 26, 2020) (Ed Carnes, Branch, Tjoflat),  the Court affirmed the defendants? false statement convictions but vacated their sentences. The defendants first argued that certified payroll forms containing false statements were not  made or used in a matter within the jurisdiction of a federal agency.  The Eleventh Circuit rejected that argument because federal law, the Copeland Act, covers statements in payroll records that government contractors and subcontractors must furnish to the agency in charge of the project. The defendants next argued that the indictment and the evidence failed to charge or establish that the false payroll records were material.  The Court held that the indictment sufficiently alleged materiality even though the records were not submitted directly to the decision-making body they had the potential to influence...continue to full post

Full post as published by Defense Newsletter Blog on October 26, 2020 (boomark / email).