No. 18-8417

Robert Jackson v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-13
Status: Denied
Type: IFP
IFP
Tags: 18-usc-287 circuit-split criminal-law false-claim false-claims false-claims-act good-faith-defense knowledge mens-rea statutory-interpretation willfulness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-06-13
Question Presented (from Petition)

I. In a prosecution for filing a false claim against the United States in violation of 18 U.S.C. § 287, does the mens rea element require a showing of willfulness, as recognized by the Fourth Circuit in United States v. Maher, 582 F.2d 842 (4th Cir. 1978), or does mere knowledge suffice, as the Ninth Circuit held here?

II. Is a defense of "good faith" available to defend against a § 287 false claim charge, as has been expressly recognized by the Sixth Circuit in United States v. Nash, 175 F3d 429, 486-37 (6th Cir. 1999), or is such defense unavailable, as the Ninth Circuit held here?

Question Presented (AI Summary)

Whether the mens rea element for a false claim prosecution under 18 U.S.C. § 287 requires willfulness or mere knowledge

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-26
Reply of petitioner Robert Jackson filed. (Distributed)
2019-05-13
Brief of respondent United States of America in opposition filed.
2019-04-03
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-02
Motion to extend the time to file a response from April 12, 2019 to May 13, 2019, submitted to The Clerk.
2019-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Robert Jackson
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent