Case: Friedman v. United States

65-18245 | U.S. District Court for the Eastern District of Missouri

Filed Date: 1965

Closed Date: March 16, 1967

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Case Summary

The United States charged the defendant in this case with lying to the FBI under 18 U.S.C. § 1001 (making a false statement in a matter within the jurisdiction of a department or agency of the United States). It brought suit in the U.S. District Court for the Eastern District of Missouri, where the case was assigned to Judge John K. Regan. The defendant had told the FBI that he was beaten while handcuffed in the custody of the Missouri Highway Patrol. The FBI investigated but could not substant…

The United States charged the defendant in this case with lying to the FBI under 18 U.S.C. § 1001 (making a false statement in a matter within the jurisdiction of a department or agency of the United States). It brought suit in the U.S. District Court for the Eastern District of Missouri, where the case was assigned to Judge John K. Regan. The defendant had told the FBI that he was beaten while handcuffed in the custody of the Missouri Highway Patrol. The FBI investigated but could not substantiate the defendant’s claim. After a trial, the defendant was convicted of violating Section 1001. 

The defendant, represented by private counsel, appealed his conviction to the Eighth Circuit. The Eighth Circuit reversed the defendant’s conviction on March 16, 1967. 374 F.2d 363. It dealt only with the defendant’s first argument: that the indictment did not allege facts constituting a crime under Section 1001. The court explained that Section 1001 was merely intended to prevent the perversion of the functions of the government’s regulatory agencies by assuring that information such agencies were given was reliable. The fact that the defendant’s false statement triggered an FBI investigation was not, by itself, enough to violate Section 1001.

The Department of Justice (DOJ) wrote a memorandum analyzing the status of Section 1001 at the time of the Friedman decision. This memo recommended that the DOJ not pursue certiorari–that is, review by the Supreme Court–in the Friedman case. The DOJ ultimately did not petition for certiorari from the Supreme Court.

Summary Authors

Hank Minor (11/28/2022)

People


Attorney for Defendant

Doar, John (District of Columbia)

Marer, Alan G. (District of Columbia)

Norman, David L. (District of Columbia)

Norris, Grady J. (District of Columbia)

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Documents in the Clearinghouse

Document

18245

Eighth Circuit Opinion

U.S. Court of Appeals for the Eighth Circuit

March 16, 1967

March 16, 1967

Order/Opinion

374 F.2d 374

Docket

Last updated Feb. 20, 2024, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Policing

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: 1965

Closing Date: March 16, 1967

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff in this case was the U.S. Attorney's Office for the Eastern District of Missouri.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant was a resident of Missouri allegedly subject to violence by the Missouri Highway Patrol., Private Entity/Person

Case Details

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Other