Supreme Court of the United States · Official docket →
John Frederick Tate, aka John M. Tate v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-3862 · judgment May 11, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.
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:
-
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?
-
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?
Counsel of record
For petitioner
Patrick Strawbridge
Consovoy McCarthy PLLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Mar 18 2019Petition DENIED.
- Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
- Feb 19 2019Reply of petitioner John F. Tate filed.
- Feb 06 2019Brief of respondent United States in opposition filed. VIDED.
- Jan 07 2019Motion to extend the time to file a response is granted and the time is further extended to and including February 6, 2019.
- Jan 04 2019Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
- Dec 07 2018Motion to extend the time to file a response from December 7, 2018 to January 7, 2019, submitted to The Clerk.
- Dec 07 2018Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2019.
- Dec 07 2018Brief amicus curiae of Institute for Free Speech filed.
- Dec 07 2018Brief amicus curiae of Former Federal Election Commission Chairman Lee E. Goodman filed.
- Dec 05 2018Brief amicus curiae of Coolidge-Reagan Foundation filed.
- Nov 05 2018Petition for a writ of certiorari filed. (Response due December 7, 2018)
- Sep 14 2018Application (18A267) granted by Justice Gorsuch extending the time to file until November 5, 2018.
- Sep 13 2018Application (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.