Second Circuit Immigration fraud­  — Possession of authentic documents United States v. Greenberg

United States Court of Appeals for the Second Circuit

Immigration fraud­  — Possession of authentic documents

United States v. Greenberg

23-7168(L)

Judges Walker, Robinson, and Merriam

Background: The defendants appealed from their convictions of a single count of conspiracy to commit immigration fraud. On appeal, the defendants challenge the legal sufficiency of the charged objects of the conspiracy noting that the paragraph one of 18 U.S.C. § 1546(a) did not reach the possession of authentic documents that one knows to have been procured by a false claim or statement but is instead limited to counterfeit documents.

Ruling: The Second Circuit affirmed. The court held that paragraph one applied to the possession of authentic documents known to have been procured by means of a false claim.

David R. Felton, assistant United States attorneys, for the appellee; Beau B. Brindley and James M. Branden, for the defendants-appellants.

Oral argument audio