U.S. v. Clark

Federal 7th Circuit Court
Criminal Court
Venue
Citation
Case Number: 
No. 12-3603
Decision Date: 
July 23, 2013
Federal District: 
S.D. Ill.
Holding: 
Reversed and remanded
In prosecution on charge that defendant submitted false statements regarding amount of wages defendant was paying his employees on federally-funded projects, Dist. Ct. erred in granting defendant’s motion to dismiss indictment due to lack of proper venue. While defendant submitted false payroll records to contractor located in Eastern District of Missouri, venue was also proper in Southern District of Illinois, where said payroll records were generated. Fact that instant charge required proof that false documents were actually tendered to federal authorities did not require different result since: (1) under 18 USC section 3237(a) any offense that was begun in one district and completed in another district can be prosecuted in either district; (2) making of false document can constitute beginning of instant charged offense; and (3) Ct. rejected defendant’s argument that venue can exist in one and only one place.