Tuesday, December 2, 2014

United States v. Walser case brief summary

United States v. Walser case brief summary

Walsers were overpaid on the subsequent crop claims because they grew and sold more soybeans than were reported to the SCIC.

Can one who intentionally causes an innocent party to commit perjury unwittingly be held liable as a principal under 18 USC § 2?



i. (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal

ii. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. à being prosecuted under (b) in Walser

1. Meaning you know what is going on and you don’t do anything.

2. The degree of culpability or involvement in the crime is relatively minor

3. Difference between 2(a) and 2(b) is:

a. There is a mens rea difference.

b. (a) says commits an offense and (b) is causes an act.

-There must a crime committed to (a) that the person is loosely associated with
-In (b) there doesn’t have to be a crime, it can still be violated if you cause someone else to perform an act that would be an offense
-There is a lower burden of proof in (b) because gov’t doesn’t have to prove that there was a crime.

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1 comment:

  1. It is interesting for me to learn that there are 2 ways to be in considered an aid in a crime. The first one is you know what is going on but you do not do anything, the second being the degree of involvement is minor. Does this mean that the person just has a less harsh sentence or that they are accused of being guilty altogether? bankruptcy law


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