18 U.S.C. § 371—Conspiracy to Defraud the United States
https://www.justice.gov/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us
The operative language is the so-called “defraud clause,” that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the “offense clause” in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
Although this language is very broad, cases rely heavily on the definition of “defraud” provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined “defraud” as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental functions from frustration and distortion through deceptive practices. Section 371 reaches “any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of Government.” Tanner v. United States, 483 U.S. 107, 128 (1987); see Dennis v. United States, 384 U.S. 855 (1966). The “defraud part of section 371 criminalizes any willful impairment of a legitimate function of government, whether or not the improper acts or objective are criminal under another statute.” United States v. Tuohey, 867 F.2d 534, 537 (9th Cir. 1989).
The word “defraud” in Section 371 not only reaches financial or property loss through use of a scheme or artifice to defraud but also is designed and intended to protect the integrity of the United States and its agencies, programs and policies. United States v. Burgin, 621 F.2d 1352, 1356 (5th Cir.), cert. denied, 449 U.S. 1015 (1980); see United States v. Herron, 825 F.2d 50, 57-58 (5th Cir.); United States v. Winkle, 587 F.2d 705, 708 (5th Cir. 1979), cert. denied, 444 U.S. 827 (1979). Thus, proof that the United States has been defrauded under this statute does not require any showing of monetary or proprietary loss. United States v. Conover, 772 F.2d 765 (11th Cir. 1985), aff’d, sub. nom. Tanner v. United States, 483 U.S. 107 (1987); United States v. Del Toro, 513 F.2d 656 (2d Cir.), cert. denied, 423 U.S. 826 (1975); United States v. Jacobs, 475 F.2d 270 (2d Cir.), cert. denied, 414 U.S. 821 (1973).
While only she would have reason (standing) to sue them, perhaps they could be prosecuted for obstruction of justice by the Senate Judicatory membership ?
As someone says:BOOM!
He should file an ethics complaint.
I was expecting a /s at the end of this letter
It looks like they will have to report that she NEVER was in California, that just might be her unraveling and lead her Lawyers and their Pimps to Criminal Prosecution.
WH and Senate GOP pushing the who leaked the letter and Hizzy Fraud’s identity. If we even believe that-who knows.
Bump
Well, it’s a start. There should be about 50 additional letters coming — one for each Dr. Fraud infraction.
Interesting. Not sure if the FBI folks are good folks or not. Time and only time will tell.
Can the lawyers get in trouble if they didn’t tell her they would have come to her?
I understood her to be in Delaware the entire time she was discussing her fear of flying from California.
Vicki Weaver was unavailable for comment.
Was the request made to her liars?
When did she go from Deleware to Califony?
Lying to the FBI is a crime.
Ford may choose not to be interviewed.
Dr. Ford is obviously not very bright since the entire country - those that watch the news, anyway - knew the Judiciary committee was making this offer.
Jeff Flake was just laughing it up onstage with Chris Coons at the “Global Citizen” Festival. Being wined and dined by Dems.
I think he’s off the reservation. We probably need Manchin now.
Perhaps the FBI can regain a smidgeon of its former respect by actually doing a competent job on this.
We’ll see.
Turn the investigations back on the democrats where it belongs.