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Not according to the law
Posted on: August 3, 2023 at 15:57:21 CT
*M* KC
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There are many situations in which false statements can be crimes.
Furthermore, our peer circuits have applied the statute to reach a wide range of obstructive acts, not just those limited to tampering with documents or objects. Those courts have found “otherwise” obstructive conduct under subsection (c)(2) to include: (1) lying in written responses to civil interrogatory questions, Burge, 711 F.3d at 808–09; (2) soliciting information about a grand jury investigation to evade surveillance, Volpendesto, 746 F.3d at 286; (3) seeking a false alibi witness, Petruk, 781 F.3d at 444, 447; (4) tipping off the targets of criminal investigations, United States v. Ahrensfield, 698 F.3d 1310, 1324–25 (10th Cir. 2012); (5) asking third parties *338 to create fraudulent physical evidence, United States v. Desposito, 704 F.3d 221, 230–33 (2d Cir. 2013); (6) giving misleading testimony in a preliminary injunction hearing, United States v. Jefferson, 751 F.3d 314, 321 (5th Cir. 2014); (7) attempting to orchestrate a grand jury witness's testimony, United States v. Mintmire, 507 F.3d 1273, 1290 (11th Cir. 2007); (8) making false statements to a grand jury, United States v. Carson, 560 F.3d 566, 584 (6th Cir. 2009); and (9) burning an apartment to conceal the bodies of two murder victims, United States v. Cervantes, No. 16-10508, 2021 WL 2666684, at *6 (9th Cir. June 29, 2021).
United States v. Fischer, 64 F.4th 329, 337–38 (D.C. Cir. 2023)
Furthermore, our peer circuits have applied the statute to reach a wide range of obstructive acts, not just those limited to tampering with documents or objects. Those courts have found “otherwise” obstructive conduct under subsection (c)(2) to include: (1) lying in written responses to civil interrogatory questions, Burge, 711 F.3d at 808–09; (2) soliciting information about a grand jury investigation to evade surveillance, Volpendesto, 746 F.3d at 286; (3) seeking a false alibi witness, Petruk, 781 F.3d at 444, 447; (4) tipping off the targets of criminal investigations, United States v. Ahrensfield, 698 F.3d 1310, 1324–25 (10th Cir. 2012); (5) asking third parties *338 to create fraudulent physical evidence, United States v. Desposito, 704 F.3d 221, 230–33 (2d Cir. 2013); (6) giving misleading testimony in a preliminary injunction hearing, United States v. Jefferson, 751 F.3d 314, 321 (5th Cir. 2014); (7) attempting to orchestrate a grand jury witness's testimony, United States v. Mintmire, 507 F.3d 1273, 1290 (11th Cir. 2007); (8) making false statements to a grand jury, United States v. Carson, 560 F.3d 566, 584 (6th Cir. 2009); and (9) burning an apartment to conceal the bodies of two murder victims, United States v. Cervantes, No. 16-10508, 2021 WL 2666684, at *6 (9th Cir. June 29, 2021).
United States v. Fischer, 64 F.4th 329, 337–38 (D.C. Cir. 2023)
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Not according to the law - *M* KC - 8/3 15:57:21