Brief filed: 04/05/2021
United States v. Wilkerson
6th Circuit Court of Appeals; Case No. 20-6010
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.