Robert Jackson v. United States
SocialSecurity Securities Immigration
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?
Whether the mens rea element for a false claim prosecution under 18 U.S.C. § 287 requires willfulness or mere knowledge