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BROGAN v. UNITED STATES

No. 96-1579.

522 U.S. 398 (1998)

BROGAN v. UNITED STATES

United States Supreme Court.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Stuart Holtzman argued the cause and filed briefs for petitioner.

Solicitor General Waxman argued the cause for the United States. With him on the brief were Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Edward C. DuMont, and Nina Goodman.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined, and in which Souter, J., joined in part. Souter, J., filed a statement concurring in part and concurring in the judgment, p. 408. Ginsburg, J., filed an opinion concurring in the judgment, in which Souter, J., joined, p. 408. Stevens, J., filed a dissenting opinion, in which Breyer, J., joined, p. 418.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether there is an exception to criminal liability under 18 U. S. C. § 1001 for a false statement that consists of the mere denial of wrongdoing, the so-called "exculpatory no."

I

While acting as a union officer during 1987 and 1988, petitioner James Brogan accepted cash payments from JRD Management Corporation, a real estate company whose employees were represented...

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