In the Courts

In United States v. Reich, ___ F.3d ___, 2007 WL 625210 (2d Cir. Mar. 2, 2007), the Second Circuit held that a conviction for obstructing a proceeding requires establishing a nexus between the defendant's conduct and the obstruction of a proceeding, but a conviction under the federal statute criminalizing forging a judge's signature does not require a showing of an intent to defraud.

The defendant, an attorney engaged in a long-running dispute over the arbitrability of a claim, was accused of fabricating a fake order from a federal magistrate judge, forging the judge's signature on the order, and faxing it to opposing counsel. He was convicted at trial of corruptly obstructing a judicial proceeding in violation of 18 U.S.C ' 1512(c)(2), forging a judge's signature in violation of 18 U.S.C. ' 505, and of making a false statement to a federal officer during the investigation. On appeal, the defendant argued that to establish a ' 1512(c)(2) violation the government must show a nexus between his action and obstruction of a proceeding. He also argued that ' 505 requires a showing of intent to defraud. Both arguments presented issues of first impression in the Second Circuit. The circuit court agreed that ' 1512(c)(2) has a 'nexus requirement' but found it to be satisfied in this case. The circuit court rejected his argument that ' 505 requires a showing of intent to defraud. The court noted that although common law fraud does require intent, importing that requirement into this statute would
thwart Congress's goal in enacting the provision.