GREBER
v.
UNITED STATES

U.S. | 1985-11-12
No. 85-35
474 U.S. 988 Supreme Court of the United States (1985) Positive Treatment
Cited by 10 cases
Dissent
Justice White,

Justice White,

dissenting.

Petitioner Greber was convicted in United States District Court on several counts of making false statements “in any matter within the jurisdiction of any department or agency of the United States.” See 18 U.

S. C. § 1001. In connection with these convictions, the District Court refused to submit the question of the materiality of Greber’s statements to the jury, holding that materiality was a question of law to be decided by the court. The United States Court of Appeals for the Third Circuit affirmed the convictions and upheld the District Court’s determination that materiality was a question of law. See 760 F. 2d 68, 72-73 (1985).

Other Circuits have also concluded that materiality is a question of law. See, e. g., Nilson Van & Storage Co. v. Marsh, 755 F. 2d 362, 367 (CA4), cert. denied, ante, p. 818; United States v. Abadi, 706 F. 2d 178, 180 (CA6), cert. denied, 464 U. S. 821 (1983).

Two Circuits, however, have held that materiality under §1001 is a question of fact and should thus be submitted to the jury. See United States v. Irwin, 654 F. 2d 671, 677, n. 8 (CA10 1981); United States v. Valdez, 594 F. 2d 725, 729 (CA9 1979).

I would grant certiorari to resolve this conflict.

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    …the Medicare system, the Medicare fraud statute was amended by Pub.L. No. 95-142, 91 Stat. 1183 (1977), to strengthen penalties and to enhance the deterrent effect of the statute. United States v. Greber, 760 F. 2d 68, 71-72 (3d Cir.), cert. denied, 474 U.S. 988, 106 S.Ct. 396, 88 L.Ed.2d 348 (1985). A specific concern was the practice of giving “kickbacks” to encourage the referral of work. Such practices not only deterred price competition but also tended to encourage overutilization of goods and services…
  • United States v. Daily, 921 F.2d 994 (10th Cir. 1990)
    …ial and may assert their claim of error here. . See, e.g., Weinstock v. United States, 231 F. 2d 699, 703 (D.C.Cir.1956); United States v. Bernard, 384 F. 2d 915, 916 (2d Cir.1967); United States v. Greber, 760 F. 2d 68, 73 (3d Cir.), cert. denied, 474 U.S. 988, 106 S.Ct. 396, 88 L.Ed.2d 348 (1985); Nilson Van & Storage Co. v. Marsh, 755 F. 2d 362, 367 (4th Cir.), cert. denied, 474 U.S. 818, 106 S.Ct. 65, 88 L.Ed.2d 53 (1985); United States v. Hausmann, 711 F. 2d 615, 616-17 (5th Cir.1983); United States v…
  • United States v. Ryan, 828 F.2d 1010 (3d Cir. 1987)
    …ed the continued vitality of the requirement, e.g., United States v. Whaley, 786 F. 2d 1229, 1231 (4th Cir.1986): United States v. Stephens, 779 F. 2d 232, 237 (5th Cir.1985), and in United States v. Greber, 760 F. 2d 68, 73 (3d Cir.), cert. denied, 474 U.S. 988, 106 S.Ct. 396, 88 L.Ed.2d 348 (1985), we held that materiality is an essential element of a false statements violation under 18 U.S.C. § 1001 (1982). Accordingly, we will continue to adhere to our preWilliams position that a § 1014 conviction must…

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