U.S. v. Clark

Record failed to contain sufficient evidence to support defendant’s conviction on one count of making false statement under 18 USC section 1001, arising out of defendant’s statement to Missouri officials that he had paid his truck drivers applicable federal/state prevailing wage of $35.45 per hour for work performed on road project. While record showed that defendant had paid his truck drivers only $15 per hour, govt. failed to establish that instant false statement to state agency about compliance with state statutes was “material” in sense that said statement had ability to influence federal govt. However, record supported defendant’s conviction on similar wage certification that defendant made to federal authorities, where defendant’s contract required that he pay his truck drivers prevailing wage, and where federal authorities had interest in ensuring that prevailing wage be paid to workers on federal projects.