Criminal Law

Defendants were entitled to new trial on mail fraud charge stemming from defendants’ submission of paperwork on behalf of individuals who lacked Social Security numbers but were seeking to obtain car titles, where said paperwork contained false prices for said cars and contained lower sales taxes than what state law required. Jury was given instruction on erroneous legal theory that conviction could be established by showing that State of Indiana was deprived of its property, i.e., its car titles. Moreover, although record supported alternative theory that defendants defrauded State of Indiana out of its tax money, new trial was required since record did not rule out possibility that jury convicted defendants on erroneous theory. Also, defendants were entitled to acquittal on charge that they shielded unauthorized aliens by assisting them in obtaining car titles, where record showed that defendants used real names and addresses of said individuals in their paperwork, and where defendants’ provision of services to unauthorized aliens was not covered activity under 8 USC 1324(a)(1)(A).

In prosecution on charge of making false statements in connection with purchase of firearm, Dist. Ct. erred in precluding defendant from asserting mistake of fact defense under circumstances, where defendant answered “no” to question as to whether he was under indictment or information for felony charge, and where, while defendant was facing felony charge at time he made statement, he alleged that he had been previously offered plea deal that would have dismissed said charge. Knowledge and intent elements of instant firearms charge may be negated by evidence that defendant labored under honest misunderstanding of facts, and defendant was entitled to ask prosecutor whether plea offer was communicated prior to date he answered instant question when attempting to purchase firearm.