United States v. Wilkerson
- Case No.: 20-6010
- Jurisdiction: 6th Circuit Court of Appeals
- Topics: Mens Rea, Criminal Intent, Fraud, Non-Disclosure, No Duty to Disclose
Documents
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.
Author(s)
Stephen Ross Johnson, NACDL, Knoxville, TN; Joshua L. Dratel, NACDL, New York, NY.
