United States v. Wilkerson

Brief Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant Wayne Wilkerson.

Brief filed: 04/05/2021


United States v. Wilkerson

6th Circuit Court of Appeals; Case No. 20-6010

Prior Decision

Decision below 388 F.Supp.3d 969 (E.D.Tenn. July 2, 2019)


The district court erred by not requiring mens rea, which is a cornerstone requirement for criminal liability and punishment. The district court erred in premising the fraud convictions on non-disclosure absent any cognizable duty to disclose.


Stephen Ross Johnson, NACDL, Knoxville, TN; Joshua L. Dratel, NACDL, New York, NY.

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