No. 18-601

John Frederick Tate, aka John M. Tate v. United States

Lower Court: Eighth Circuit
Docketed: 2018-11-07
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: agency-jurisdiction circuit-split criminal-law false-statements federal-election-commission jurisdiction materiality obstruction obstruction-of-justice obstruction-statute remand
Key Terms:
FifthAmendment
Latest Conference: 2019-03-15
Related Cases: 18-442 (Vide) 18-606 (Vide)
Question Presented (AI Summary)

Whether an agency's receipt of information over which it has no authority to act implicates a 'matter within' the agency's jurisdiction under 18 U.S.C. § 1519

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner was convicted of multiple federal crimes for filing a report with the Federal Election Commission that allegedly misstated the purpose of an expenditure. In particular, the government argued that payments listed as “audio/visual” expenses were in fact expenditures in exchange for securing the endorsement of a state politician. But federal law does not prohibit making payments in exchange for an endorsement. The Government nonetheless pursued and obtained criminal convictions against Petitioner under the federal obstruction statute, 18 U.S.C. § 1519, and the false-statements statute, 18 U.S.C. § 1001. The Eighth Circuit affirmed the convictions, in direct conflict with decisions from other circuits and recent decisions of this Court. The questions presented are: 1. Does an agency’s receipt of information over which it has no authority to act implicate a “matter within” the agency’s “jurisdiction” under 18 U.S.C. § 1519, as the Eighth Circuit held below in conflict with decisions from three other circuits? 2. Can a false statement be deemed “material” under 18 U.S.C. § 1001 even if the government would have acted no differently had the statement been true?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-02-19
Reply of petitioner John F. Tate filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2019.
2019-01-04
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-12-07
Motion to extend the time to file a response from December 7, 2018 to January 7, 2019, submitted to The Clerk.
2018-12-07
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
2018-12-07
Brief amicus curiae of Institute for Free Speech filed.
2018-12-07
Brief amicus curiae of Former Federal Election Commission Chairman Lee E. Goodman filed.
2018-12-05
Brief amicus curiae of Coolidge-Reagan Foundation filed.
2018-11-05
Petition for a writ of certiorari filed. (Response due December 7, 2018)
2018-09-14
Application (18A267) granted by Justice Gorsuch extending the time to file until November 5, 2018.
2018-09-13
Application (18A267) to extend the time to file a petition for a writ of certiorari from October 4, 2018 to November 5, 2018, submitted to Justice Gorsuch.

Attorneys

Coolidge-Reagan Foundation
Dan Backerpolitical.law PLLC, Amicus
Dan Backerpolitical.law PLLC, Amicus
Former Federal Election Commission Chairman Lee E. Goodman
Stephen Joseph ObermeierWiley Rein LLP, Amicus
Stephen Joseph ObermeierWiley Rein LLP, Amicus
Institute for Free Speech
Thomas William Parker DouglasInstitute for Free Speech, Amicus
Thomas William Parker DouglasInstitute for Free Speech, Amicus
JOHN TATE
Patrick StrawbridgeConsovoy McCarthy Park PLLC, Petitioner
Patrick StrawbridgeConsovoy McCarthy Park PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent