United States v. Michael Harris

KLEINFELD, Circuit Judge.

This criminal case raises several questions, including whether the statute criminalizing false statements on ERISA reports 1 is unconstitutionally vague.

FACTS

Harris was president of Harris Realty Company, Inc. His company (he owned a majority interest) had a pension plan for its employees. Pursuant to the plan, the employer was to contribute 12 lh % of each eligible employee’s total compensation per year on their behalf.

Over the fifteen years or so that the plan operated, Harris frequently took money out of the trust fund and loaned it to various entities in which he…