False Statement Convictions for Lawyer, Wife Affirmed; Convictions for Forging Entry Documents Reversed
US v. Phillips, --- F.3d ----, 2008 WL 4416526 (10th Cir. Oct. 1, 2008): partial affirmance and reversal of the defendants' convictions of 8 counts of making a false statement to a federal agency and 8 counts of immigration fraud. The defendants, a lawyer, and his wife (who was also his secretary) appealed the denial of their motions for acquittal or for new trial, raising evidentiary and sufficiency issues.
The Tenth held that the admission of an incomplete document into evidence did not violate the rule of completeness. FRE 106 does not prohibit admission of an incomplete document; it merely allows the other party to introduce the rest into evidence without further foundation.
A copy of an asylum application was admissible. The trial court had found there was no real question regarding authenticity, under FRE 1003, that two exceptions to FRE1002 (the best evidence rule) applied: the original could not be obtained by any available judicial process or procedure, FRE 1004(1), and it was an official record under FRE 1005. On appeal, the defendant challenged the authenticity of the document, but the Tenth found the government had adequately established it.
Copies of applications for alien employment certifications were admissible; the district court did not abuse its discretion or clearly err in concluding that the originals were lost or not reasonably obtainable.
The Defendants's convictions for violating 18 USC 1546(a) were reversed. The Court held that allegedly forged asylum and certification applications did not qualify as "other documents" within the meaning the criminal statute prohibiting uttering false or forged documents for entry into the US. The statute's plain language does not apply to documents that are prerequisites for obtaining entry documents (visas, border crossing cards, and alien registration receipt cards).
However, there was sufficient evidence to support the convictions for willingly making a false statement to a federal agency. Accordingly, the convictions were affirmed in part and reversed in part.
The Tenth held that the admission of an incomplete document into evidence did not violate the rule of completeness. FRE 106 does not prohibit admission of an incomplete document; it merely allows the other party to introduce the rest into evidence without further foundation.
A copy of an asylum application was admissible. The trial court had found there was no real question regarding authenticity, under FRE 1003, that two exceptions to FRE1002 (the best evidence rule) applied: the original could not be obtained by any available judicial process or procedure, FRE 1004(1), and it was an official record under FRE 1005. On appeal, the defendant challenged the authenticity of the document, but the Tenth found the government had adequately established it.
Copies of applications for alien employment certifications were admissible; the district court did not abuse its discretion or clearly err in concluding that the originals were lost or not reasonably obtainable.
The Defendants's convictions for violating 18 USC 1546(a) were reversed. The Court held that allegedly forged asylum and certification applications did not qualify as "other documents" within the meaning the criminal statute prohibiting uttering false or forged documents for entry into the US. The statute's plain language does not apply to documents that are prerequisites for obtaining entry documents (visas, border crossing cards, and alien registration receipt cards).
However, there was sufficient evidence to support the convictions for willingly making a false statement to a federal agency. Accordingly, the convictions were affirmed in part and reversed in part.
posted by Anonymous at 10:00 AM
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