United States v. Earl G. Talkington

Earl Talkington appeals from his conviction of making false statements to the Interstate Commerce Commission in violation of 18 U.S.C. § 1001 . The indictment charged in a single count that Talkington had made seven false statements on a form filed with the ICC.

ICC form BOp 102 is part of a regulatory scheme which exempts agricultural cooperative associations from the licensing requirements imposed on most contract carriers. 49 U.S.C. § 303 (b)(5). Under the present version of Section 203(b)(5) of the interstate Commerce Act, 49 U.S.C. § 303 (b)(5), a cooperative association must perform no more than 15 per cent of its total interstate transportation in any fiscal year for nonmembers who are not farmers, cooperative associations, or federations of cooperative associations. Section 203(b)(5) and the accompanying ICC regulations require cooperative associations to file form BOp 102 to notify the ICC of their intent to perform interstate transportation for nonmembers prior to the commencement of such transportation. 49 C.F.R. § 1047.23 (1977).

In June of 1974, Talkington filed a form BOp 102 on behalf of Patio Farm Lines, Inc. The government presented evidence to show that the…