U.S. v. Wade

In prosecution on charge of impersonating U.S. employee under 18 USC section 912, Dist. Ct. did not err in granting government’s motion in limine by precluding defendant from arguing that his romantic motivation toward victim to whom defendant had impersonated Drug Enforcement Agent (DEA) negated any culpable state of mind, because defendant’s romantic motivation had no bearing on whether he knew he was not DEA agent. Dist. Ct. also properly rejected defendant’s proffered jury instruction that asserted that govt. had to show intent to defraud or deceive, since fraudulent intent was not essential element of section 912. Moreover, section 912’s “act-as-such” clause concerned only actions taken to cause victim of impersonation to follow course of action that he or she would not have otherwise pursued, and record established existence of such actions. where defendant sought to cause female victim to engage in conversation with him and to go out with him, which victim was unlikely to do absent defendant’s pretense. Ct. further noted that defendant had asserted authority of DEA agent by representing that he was investigating suspect, showing victim pictures of fake suspect, and giving victim fake business card.