United States v. Lepowitch

Background

A group of defendants were charged with pretending to be Federal Bureau of Investigation officers and trying to get information from one person about another person’s whereabouts. They were indicted under the first part of the federal impersonation law, which covers pretending to be a United States officer with an intent to defraud. A trial judge dismissed that portion of the indictment, saying the defendants’ conduct did not fall within the statute, so the Government appealed the construction of the law to the Supreme Court.

Reasoning

The key question was what “intent to defraud” means in this impersonation statute. The Court held that it is enough that the defendants used artifice and deceit to cause the deceived person to take some action they would not otherwise have taken. The Court explained that the first part of the statute covers attempts to acquire information by impersonation, even if the information has no measurable value to the person giving it. The opinion relied on earlier cases emphasizing the need to protect the reputation and dignity of government service.

Real world impact

Because the Court reversed the dismissal, prosecutors may move forward with indictments that allege impersonation and deceit to obtain information. People who pose as federal officers to trick someone into revealing information can be charged even when no money or valuable item changes hands. This ruling applies to the statutory construction question decided here and allows the criminal case to proceed.

Dissents or concurrances

Justice Rutledge agreed with the result. One Justice would have affirmed the dismissal, and another did not take part.