[19980430]98-413_刑法：根据《美国法典》第18卷第1001节“免责不”原则不是辩护.pdf

166 U.S.L.W. 4111 (U.S. Jan. 27, 1998).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-413 AApril 30, 1998Criminal Law: The “Exculpatory No”Doctrine Is Not A DefenseUnder 18 U.S.C. 1001Paul Starett Wallace, Jr.Specialist in American Public LawAmerican Law DivisionSummaryIn some judicial circuits, the “exculpatory no” doctrine has shielded from 18 U.S.C.1001 liability an individuals denial of involvement in, or knowledge of criminalactivity. In Brogan v. United States, the Supreme Court decided that there is noexception to 1001 criminal liability for a false statement consisting merely of an“exculpatory no.”The federal criminal code is found in section 18 of the United States Code. Section18 U.S.C. 1001 makes lying to criminal investigators a federal felony. In Brogan v.United States,1 the petitioner, James Brogan accepted cash payments from JRDManagement Corporation, a real estate company whose employees were represented bythe union. Upon being questioned by federal agents from the Department of Labor andthe Internal Revenue Service regarding whether he had received any cash or gifts fromJRD when he was a union officer, hi