United States v. Barnow

Background

A private defendant was indicted under Section 32 of the Criminal Code for falsely claiming to be a United States employee and for, in that pretended character, demanding or obtaining money while selling a set of books called “Messages and Papers of Presidents.” The indictment had six counts: three for falsely assuming a federal role, and three for demanding or obtaining money in that false role. The District Court sustained a demurrer, reasoning the statute covered only personation of actual, existing federal officers or offices, and that some counts failed to allege consummated fraud.

Reasoning

The Supreme Court addressed two core questions: whether Section 32 requires the accused to impersonate an actual, existing federal officer or office, and whether the statute requires a completed fraud that caused loss. Reading the statute’s plain language, the Court held it reaches broader conduct: falsely assuming or pretending to be an officer or employee “acting under” United States authority is forbidden even if the office named does not actually exist. The Court also held that demanding or obtaining money in the pretended character with intent to defraud completes the offense, regardless of whether the victim ultimately suffered a net loss.

Real world impact

This decision means federal law covers impostors who claim federal authority even by inventing bogus offices, and prosecutors need not prove an ultimate financial injury to complete the offense. The Supreme Court reversed the District Court’s judgment and sent the case back for further proceedings under the correct reading of the statute.