Justice Arrives August 8, 2022:
18 U.S.
Code § 1924
- Unauthorized removal and retention of classified documents or material
More Justice Coming Soon:
18 U.S.
Code § 1505 -
Obstruction of proceedings before departments, agencies, and committees
923. 18
U.S.C. § 371 - Conspiracy
to Defraud the United States
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18 U.S.
Code § 1924 - Unauthorized removal and retention of classified documents or
material
Whoever, being an officer, employee,
contractor, or consultant of the United States, and, by virtue of his office,
employment, position, or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly removes
such documents or materials without authority and with the intent to retain
such documents or materials at an unauthorized location shall be fined under
this title or imprisoned for not more than five years, or both.
(b)
For purposes of this section, the provision
of documents and materials to the Congress shall not constitute an
offense under subsection (a).
(c)
In this section, the term “classified
information of the United States” means information originated, owned, or
possessed by the United States Government concerning the national defense or
foreign relations of the United States that has been determined pursuant to law
or Executive order to require protection against unauthorized disclosure in the
interests of national security.
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18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
(a)
Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b)
Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.
(a)
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18 U.S.
Code § 1505 - Obstruction of proceedings before departments,
agencies, and committees
Whoever, with intent to avoid, evade,
prevent, or obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the Antitrust Civil
Process Act, willfully withholds, misrepresents, removes from any place,
conceals, covers up, destroys, mutilates, alters, or by other means falsifies
any documentary material, answers to written interrogatories, or oral
testimony, which is the subject of such demand; or attempts to do so or
solicits another to do so; or
Whoever corruptly, or by threats or force, or
by any threatening letter or communication influences, obstructs, or impedes or
endeavors to influence, obstruct, or impede the due and proper administration
of the law under which any pending proceeding is being had before any department
or agency of the United States, or the due and proper exercise of the power of
inquiry under which any inquiry or investigation is being had by either House,
or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned
not more than 5 years or, if the offense involves international or domestic
terrorism (as defined in section 2331), imprisoned not more than 8 years,
or both.
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923. 18
U.S.C. § 371 - Conspiracy to Defraud the United States
The general conspiracy statute, 18 U.S.C.
§ 371, creates an offense "[i]f two or more persons conspire either
to commit any offense against the United States, or to defraud the United
States, or any agency thereof in any manner or for any purpose. (emphasis
added). See Project, Tenth Annual Survey of White Collar Crime,
32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).
The operative language is the so-called
"defraud clause," that prohibits conspiracies to defraud the United
States. This clause creates a separate offense from the "offense
clause" in Section 371. Both offenses require the traditional elements of
Section 371 conspiracy, including an illegal agreement, criminal intent, and
proof of an overt act.
Although this language is very broad, cases
rely heavily on the definition of "defraud" provided by the Supreme
Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt
v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to
include any conspiracy for the purpose of impairing, obstructing or defeating
the lawful function of any department of government . . . (A)ny conspiracy
which is calculated to obstruct or impair its efficiency and destroy the value
of its operation and reports as fair, impartial and reasonably accurate, would
be to defraud the United States by depriving it of its lawful right and duty of
promulgating or diffusing the information so officially acquired in the way and
at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt,
Chief Justice Taft, defined "defraud" as follows:
To conspire to defraud the United States
means primarily to cheat the Government out of property or money, but it also
means to interfere with or obstruct one of its lawful governmental functions by
deceit, craft or trickery, or at least by means that are dishonest. It is not
necessary that the Government shall be subjected to property or pecuniary loss
by the fraud, but only that its legitimate official action and purpose shall be
defeated by misrepresentation, chicane or the overreaching of those charged with
carrying out the governmental intention.
In summary, those activities which courts
have held defraud the United States under 18 U.S.C. § 371 affect the
government in at least one of three ways:
1. They cheat the government
out of money or property;
2. They interfere or
obstruct legitimate Government activity; or
3. They make wrongful use of
a governmental instrumentality.