US V. Craig And The Criminalization Of Nondisclosure

Law360 (August 12, 2019, 2:31 PM EDT) -- Known in criminal defense circles simply as “1001,” the false statements statute, 18 U.S.C. Section 1001, is a frequently charged and oft-used arrow in the federal prosecutor’s quiver. Most frequently, the statute is charged to punish an affirmative statement that was false and material. But another prong of the statute, Section 1001(a)(1), the concealment prong, criminalizes the nondisclosure of certain facts. Under that provision, silence can be criminal.

In the recently decided case of United States v. Craig, the U.S. District Court for the District of Columbia denied former Skadden Arps Slate Meagher & Flom LLP partner Gregory Craig’s motion to...

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