April 21, 2019

Archives for January 23, 2014

Tenth Circuit: Conviction for Making False Statement to Government Affirmed

The Tenth Circuit Court of Appeals published its opinion in United States v. Schulte on Tuesday, January 21, 2014.

John Schulte appealed his conviction on one charge of making a false statement to the government under 18 U.S.C. § 1001. The charge alleged he made five false statements during a voluntary interview with a United States Food and Drug Administration (FDA) agent while a search warrant was being executed at the offices of Spectranetics, where Schulte was CEO. Spectranetics developed, manufactured, and marketed laser-based medical devices for use in procedures to remove blockages in coronary and peripheral arteries. Schulte’s statements concerned two devices that were not FDA approved for use in humans.

As to all five statements, Schulte argued the government failed to prove both his intent to supply false information and the materiality of the statements to the government’s investigation. The Tenth Circuit disagreed. The statements were material because they were capable of influencing the FDA. There was also an abundance of evidence that Schulte’s statements were false, not a result of faulty memory.

Schulte also claimed two of the charged statements were not false, and therefore, could not support the verdict as a matter of law. The court found no plain error in the district court’s denial of Schulte’s motions for acquittal and for a new trial based on fundamental ambiguity and affirmed.

Tenth Circuit: Unpublished Opinions, 1/22/14

On Wednesday, January 22, 2014, the Tenth Circuit Court of Appeals issued one published opinion and three unpublished opinions.

Harris v. Tulsa 66ers

United States v. Washington

Smith v. Adams County Combined Court

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

SB 14-021: Continuing Committee and Task Force Regarding the Treatment of Persons with Mental Illness in Justice Systems

On Wednesday, January 8, 2014, Sen. Lois Tochtrop introduced SB 14-021 – Concerning the Treatment of Persons with Mental Illness who are Involved in the Criminal Justice Systems. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness Who Are Involved in the Criminal and Juvenile Justice Systems.

The bill extends the repeal date for the legislative oversight committee for the continuing examination of the treatment of persons with mental illness who are involved in the criminal and juvenile justice systems and associated task force from July 1, 2015, to July 1, 2020. The legislative oversight committee and task force are renamed the legislative oversight committee and task force concerning the treatment of persons with mental illness in the criminal and juvenile justice systems (oversight committee and task force), and the cash fund is renamed accordingly. Two new members are added to the task force, one from the office of the child’s representative and one from the office of the alternate defense counsel. The task force is assigned additional duties. Authorization is granted to provide travel compensation and reimbursement for members of the task force, subject to available funds. Assigned to the Judiciary Committee.

Since this summary, the bill was referred, unamended to the Appropriations Committee.

SB 14-019: Allowing Taxpayers Who May File A Joint Federal Income Tax Return to File a Joint State Income Tax Return

On Wednesday, January 8, 2014, Sen. Pat Steadman introduced SB 14-019 – Concerning the State Income Tax Filing Status of Two Taxpayers Who May Legally File a Joint Federal Income Tax Return. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires any two taxpayers who may legally file a joint federal income tax return to file separate state income tax returns if they file separate federal income tax returns and to file a joint state income tax return if they file a joint federal income tax return. Assigned to the Finance Committee.

Since this summary, the bill was referred, amended, to the Senate Committee of the Whole and passed the Senate on Second Reading, with amendments.