United States v. Tilghman

134 F.3d 414 (D.C. Cir. 1998)

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Nature of the Case

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Facts

D worked for the U.S. Department of Agriculture for several years. D went on disability leave due to back injuries. For thirteen years, he received disability benefits of approximately $32,000 per year. One year after going on disability, he incorporated Tilghman Enterprises Ltd. (TEL), through which he bid on federal agency contracts to investigate employment discrimination complaints. TEL's sole employee, D, ran the company out of his home. To receive disability benefits, D submitted Form 1032 each year. Except for 1991 when he reported $1500 in self-employment earnings, Tilghman always answered: 'no' to questions asking whether he was employed or self-employed and wrote 'n/a' in response to questions asking how much he earned. P conducted an investigation. D was indicted for mail fraud; for making false statements to obtain federal employee compensation; and for making false statements to a federal agency. D testified that he had no intention of defrauding the government and that he honestly believed that he had no obligation to report his EEO investigative work on Form 1032 because TEL operated at a loss. D also stated that a Department of Labor employee told him over the telephone that he could earn up to $300 a month without reporting it. The district judge questioned him extensively in the presence of the jury. Defense counsel offered no objection. During questioning the judge twice asked, “We just have to take your word for it?” The judge also stated, “I see. It’s a peculiar business where everybody stays in for years and loses money all the time.” Eventually, D moved for a mistrial, arguing that the judge's questioning influenced the jury and deprived D of a fair trial. D was convicted of lying on the forms he submitted for 1993 and 1994. D appealed.