United States Eighth Circuit
US v. Cacioppo, 04-3587, 04-4149, 04-3588, 04-3713
In the context of 18 U.S.C. section 1027, which prohibits making false statements and/or failing to disclose certain facts in documents required to be kept by the Employee Retirement Income Security Act (ERISA), the mens rea requirement for section 1027 requires proof that a defendant "conceal[ed], cover[ed] up, or fail[ed] to disclose" facts that they knew they were required to disclose, and that they knew that they were obliged to disclose them.
Appellate Information
- Decided 08/22/2006
- Published 08/22/2006
Judges
- GRUENDER, Circuit Judge., Before MURPHY, MELLOY and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Assistant U.S. Atty., Paul E. Becker, argued, Kansas City, MO, for appellant.
- For Appellees:
- Robin D. Fowler, argued, Overland Park, KS (Mark J. Sachse, Kansas City, KS, on the brief), for appellee Cacioppo., Daniel O. Herrington, argued, Kansas City, MO, for appellee Plaskett.