United States v. Kapp, No. 97

CourtUnited States Supreme Court
Writing for the CourtHUGHES
Citation302 U.S. 214,82 L.Ed. 205,58 S.Ct. 182
PartiesUNITED STATES v. KAPP et al
Docket NumberNo. 97
Decision Date06 December 1937

302 U.S. 214
58 S.Ct. 182
82 L.Ed. 205
UNITED STATES

v.

KAPP et al.

No. 97.
Argued Nov. 12, 1937.
Decided Dec. 6, 1937.

Appeal from the District Court of the United States for the Western District of Oklahoma.

Page 215

Messrs. Homer S. Cummings, Atty. Gen., and Brien McMahon, of Washington, D.C., for the United States.

Mr. Wm. J. Hughes, Jr., of Washington, D.C., for respondents.

Mr. Chief Justice HUGHES delivered the opinion of the Court.

This case comes here under the Criminal Appeals Act. 18 U.S.C. § 682 (18 U.S.C.A. § 682).

The second count of an indictment charged appellees with conspiracy to defraud the United States by furnishing false information and making false statements to the Secretary of Agriculture in order to secure benefit payments under the Agricultural Adjustment Act of May 12, 1933, c. 25, 48 Stat. 31 (as amended, 7 U.S.C.A. § 601 et seq.), Criminal Code, §§ 35, 37, 18 U.S.C. §§ 80, 88 (18 U.S.C.A. §§ 80, 88). The District Court sustained a demurrer to this count and the government appeals.

The contention of the government is that the appellees conspired to cheat the United States by selling hogs to the government at premium prices through misrepresentation as to the identity of the producers of the hogs sold and the continued ownership by such producers. Appellees' demurrer went upon the ground, among others, that the provisions of the statute and the regulations of the Secretary of Agriculture to which the count referred are void (United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 80 L.Ed. 477, 102 A.L.R. 914) and that the acts set forth in the indictment do not constitute an offense against the laws of the United States.

The false claims statute under which the prosecution was brought penalizes one who 'for the purpose and with the intent of cheating and swindling or defrauding

Page 216

the Government of the United States * * * shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations.' Criminal Code, § 35, 18 U.S.C.A. § 80. After referring to the statute, the District Judge said in his opinion:

'The overt acts charged, which would be material in this count, are that hogs were shipped under the representation by the defendants that they were the hogs of various producers when in fact the hogs belonged to one or more of the defendants.

'There is no contention that the hogs were not shipped and that the bills, which were made to Armour and Company and other processors, were not correct bills, with the exception that the hogs did not originate from the sources represented by the defendants.

'This ceases to be a material fact, if the provisions of the Agricultural Adjustment Act are void. In other words, the representations, which are alleged to have been made,...

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51 practice notes
  • US ex rel. Sequoia Orange Co. v. Sunland Packing House Company, No. CV-F-88-566-OWW
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 27, 1995
    ...(1) FCA claims based on prorate violations are not affected by invalidity of the underlying marketing orders, See United States v. Kapp, 302 U.S. 214, 216-18, 58 S.Ct. 182, 183-84, 82 L.Ed. 205 (1937) (upholding validity of criminal prosecution under former False Claims Act for misrepresent......
  • United States v. Meyer, No. 17371.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1959
    ...S.Ct. 10, 68 L.Ed. 137. See, also, United States v. Keitel, 211 U.S. 370, 387, 29 S.Ct. 123, 53 L.Ed. 230." United States v. Kapp, 1937, 302 U. S. 214, 216, 58 S.Ct. 182, 184, 82 L.Ed. The Government agrees with the district court that Title 12 U.S.C.A. §§ 371 and 371c do not of themselves ......
  • Rodriguez v. Seamans, No. 24599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 3, 1972
    ...against the government. Kay v. United States, 303 U.S. 1, 6-7, 58 S.Ct. 468, 471, 82 L.Ed. 607 (1938) quoting United States v. Kapp, 302 U.S. 214, 217-218, 58 S.Ct. 182, 82 L.Ed. 205 (1937). The point which we make is a simple one. Appellant could not make false statements concerning his pa......
  • Dennis v. United States, No. 502
    • United States
    • United States Supreme Court
    • June 20, 1966
    ...effort to cheat or mislead is made are without constitutional sanction.' 303 U.S., at 6, 58 S.Ct., at 471. See also United States v. Kapp, 302 U.S. 214, 58 S.Ct. 182, 82 L.Ed. 205, involving a false claim for money under the subsequently invalidated Agricultural Adjustment Act of 1933. Anal......
  • Request a trial to view additional results
51 cases
  • US ex rel. Sequoia Orange Co. v. Sunland Packing House Company, No. CV-F-88-566-OWW
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • September 27, 1995
    ...(1) FCA claims based on prorate violations are not affected by invalidity of the underlying marketing orders, See United States v. Kapp, 302 U.S. 214, 216-18, 58 S.Ct. 182, 183-84, 82 L.Ed. 205 (1937) (upholding validity of criminal prosecution under former False Claims Act for misrepresent......
  • United States v. Meyer, No. 17371.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 20, 1959
    ...S.Ct. 10, 68 L.Ed. 137. See, also, United States v. Keitel, 211 U.S. 370, 387, 29 S.Ct. 123, 53 L.Ed. 230." United States v. Kapp, 1937, 302 U. S. 214, 216, 58 S.Ct. 182, 184, 82 L.Ed. The Government agrees with the district court that Title 12 U.S.C.A. §§ 371 and 371c do not of themselves ......
  • Rodriguez v. Seamans, No. 24599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 3, 1972
    ...against the government. Kay v. United States, 303 U.S. 1, 6-7, 58 S.Ct. 468, 471, 82 L.Ed. 607 (1938) quoting United States v. Kapp, 302 U.S. 214, 217-218, 58 S.Ct. 182, 82 L.Ed. 205 (1937). The point which we make is a simple one. Appellant could not make false statements concerning his pa......
  • Dennis v. United States, No. 502
    • United States
    • United States Supreme Court
    • June 20, 1966
    ...effort to cheat or mislead is made are without constitutional sanction.' 303 U.S., at 6, 58 S.Ct., at 471. See also United States v. Kapp, 302 U.S. 214, 58 S.Ct. 182, 82 L.Ed. 205, involving a false claim for money under the subsequently invalidated Agricultural Adjustment Act of 1933. Anal......
  • Request a trial to view additional results

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