United States Ninth Circuit

Conviction of defendant for impersonating an officer or employee of the United States in violation of 18 U.S.C. section 912 is affirmed, where: 1) defendant prepared and sent a letter responding to her client's tax problems using the letterhead of a United States Representative and signed the letter on behalf of a fictional congressional aide; 2) the jury could reasonably conclude that the defendant's actions amounted to impersonation of a federal officer or employee and were "consistent with the assumed character" of a government official and in furtherance of the impersonation; 3) section 912 survives intermediate scrutiny as it promotes the goals of governmental integrity and maintaining the good repute of governmental service; and 4) the government need not establish an intent to defraud as a separate element of a section 912 offense.

Appellate Information

• Decided 09/04/2014
• Published 09/04/2014

Judges

• Paez

Court

• United States Ninth Circuit

Counsel