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False Statement "Material" If It Influences Agency Action

By Jonathan Byrne

US v. Garcia-Ochoa: Garcia-Ochoa admitted to falsely declaring on I-9 Employment Eligibility Verification Forms that he was either a "citizen or national of the United States" or a "lawful permanent resident" on multiple occasions. For his efforts he was indicted and convicted after a bench trial of making false statements under 18 USC 1001 and 1546(a). Garcia-Ochoa argued that his false statements were not material (and thus not illegal) because he was "nonetheless authorized to work in the United States." The district court disagreed, holding that Garcia-Ochoa's false statements were material because they were capable of influencing agency action.Garcia-Ochoa appealed to the Fourth Circuit, challenging the sufficiency of the evidence due to the lack of materiality of his false statements...continue to full post

Full post as published by Fourth Circuit Blog on June 14, 2010 (boomark / email).