Climate Change Project

Table of Contents



Fraud and False Claims

U.S. v. Wells, 519 U.S. 482 (U.S. 1997)

What is the principle issue before the court?

What does 18 USC s 1014 prohibit?

What were defendants charged with?

What info did they withhold from the banks?

Why would the banks care?

What is the conspiracy statute?

What did count II charge defendants with?

What was the jury instruction on the definition of materiality?

Did the jury make a finding on materiality?

Were the defendants convicted?

Why did US v. Gaudin influence this case?

Based on Gaudin, what did the Appeals Court do with this case?

How does the government attack the reversal and get out from under Gaudin?

Why does defendant claim the government is estopped from making this argument?

How did the government characterize the disputed jury instruction?

What is the "law of the case" doctrine?

What is the "invited error" doctrine?

How does the United States Supreme Court answer this objections to its review?

What definition of materiality did the United States Supreme Court use?

Does 1014 use the word materiality?

Does the common law imply materiality as an element of a false statement?

Is 1014 a codification of the common law?

How did Justice Stevens read materiality into 1014?

What happened during recodification to support the government's case?

What did Congress do that defendants claim supports reading in materiality?

What about the 1948 Reviser's notes?

What is the "trivial or innocent" conduct argument?

What was the basis of Justice Steven's dissent?


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