United States v. Russell W. Matthews

MERRILL, Circuit Judge:

Matthews appeals his conviction of willfully and knowingly answering a question falsely before a grand jury in violation of 18 U.S.C. § 1623. He argues that the question was susceptible of two interpretations under one of which his answer was not proved to be false.

The grand jury was investigating whether money derived from racketeering activities had been invested in enterprises engaged in interstate commerce. Appellant was questioned about $260,000 in cash that he and one Rasmussen had brought from New York to California. Appellant testified that he had obtained the…