Brogan v. United States

522 U.S. 398 (1998)

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Nature of the Case

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Facts

Brogan (D), a union officer, accepted cash payments from JRD Management Corporation, whose employees were represented by the union. Federal agents visited D at his home. The agents identified themselves and sought cooperation in an investigation of JRD and various individuals. If D wished to cooperate, he should have an attorney contact the U. S. Attorney's Office, and that if he could not afford an attorney, one could be appointed for him. The agents then asked D if he would answer some questions, and he agreed. They asked whether he had received any cash or gifts from JRD when he was a union officer. D's response was 'no.' They confronted him with the facts and company records. They also told D that lying to federal agents in the course of an investigation was a crime. D did not change his story and was indicted for accepting unlawful cash payments and making a false statement within the jurisdiction of a federal agency in violation of 18 U.S.C. § 1001. D was found guilty. The United States Court of Appeals for the Second Circuit affirmed the convictions. The Supreme Court granted certiorari.