United States v. Erick French
708 F. App'x 205
| 5th Cir. | 2018Background
- Erick French, a police officer, was convicted under 18 U.S.C. § 1001 for allegedly making a false statement to the FBI denying he disclosed an ongoing narcotics investigation into Phillip Lapinskas and Kaleb Trdy.
- French sent text messages to Sheena Lapinskas (a law-enforcement employee) saying Phillip and Trdy were “on the radar” and Trdy was “being hunted.” Officers testified “on the radar” meant “under investigation.”
- Other evidence: Trdy and another suspect told investigators French had specifically disclosed that the narcotics unit was investigating Phillip and Kaleb; the primary target removed narcotics before a warrant was executed.
- French argued his written denial was literally true because he put “investigation” in quotes and did not use that exact word in texts; he also claimed lack of intent to deceive.
- The jury found French knowingly made a false, material statement within agency jurisdiction; he challenged the sufficiency of the evidence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency that statement was false | French: wording (quotes) and lack of the word “investigation” in texts made denial literally true | Government: context ("on the radar" = under investigation), corroborating witness statements, suspicious conduct show disclosure occurred | Court: Evidence sufficient for a rational jury to find statement false |
| Materiality of the statement | French: denial not material to FBI's decision | Government: denial was capable of influencing FBI's decision whether he leaked the investigation | Court: Statement was material even if FBI disregarded it |
| Knowledge/intent to deceive | French: no intent; statement was true or not knowingly false | Government: as an officer, he understood terms and omitted that communication was via text; conduct supports intent to deceive | Court: Evidence supported inference of knowing, deliberate falsehood |
| Agency jurisdiction element | (not separately argued by French on appeal) | Government: FBI had jurisdiction to investigate leak of narcotics probe | Court: Jurisdiction satisfied as element was met by prosecution evidence |
Key Cases Cited
- United States v. Jara-Favela, 686 F.3d 289 (5th Cir. 2012) (elements of § 1001 false-statement offense and sufficiency review)
- United States v. Delgado, 672 F.3d 320 (5th Cir. 2012) (standard for reviewing sufficiency of the evidence)
- United States v. Richardson, 676 F.3d 491 (5th Cir. 2012) (definition of materiality for false-statement cases)
- United States v. Najera Jimenez, 593 F.3d 391 (5th Cir. 2010) (materiality may exist even if agency disregards the statement)
- United States v. Guzman, 781 F.2d 428 (5th Cir. 1986) (intent can be inferred from circumstances and omissions)
AFFIRMED.