United States v. Prater

I dissent. Like my Brothers, I am put off by a defense which seems to sanction the telling of lies. However, I cannot ignore the rationale behind the “exculpatory no” doctrine and its acceptance by the federal courts, including the United States Court of Military Appeals.

In United States v. Stark, 131 F.Supp. 190, 205 (D.Md.1955), the court explained that 18 U.S.C. § 1001 was intended to “protect the government against false pecuniary claims” and “to protect governmental agencies from perversion of their normal functioning.” Further, the court stated that the statute was enacted: “to protect…