A Statutory Interpretation Problem: United States v. Yermian

In Yermian, the issue was how to interpret the mental state for 18 U.S.C. § 1001 (the crime of lying to the federal government). I've edited the case to leave just the facts and the issue. The court split 5-4, so it's not an easy call. As you read the case, consider these questions:

1. What are the elements of § 1001?
2. What is the mens rea?
3. To which actus reus elements does the mens rea apply?
4. If the mens rea does not apply to all the elements, does a default mens rea apply?

(As you try to answer these questions, consider two things: (1) the order of the various elements in the statute; and (2) the purpose of the first actus reus element in the statute ("in any matter with the jurisdiction of any matter within the jurisdiction of any department of agency of the United States ..."). You may want to look at MPC's defition of "material element" in section 1.13(10) to help you.)

Supreme Court of the United States

468 U.S. 63, 82 L. Ed. 2d 53, 104 S. Ct. 2936, 1984 U.S. LEXIS 129, SCDB 1983-145

No. 83-346

1984-06-27

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.