United States v. Leonard George Jessee

Defendant Leonard Jessee was convicted of knowingly making a false oath in a bankruptcy proceeding, in violation of 18 U.S.C. § 152 . Finding none of defendant’s arguments on appeal meritorious, we affirm.

The trial court ruled correctly in denying Jessee’s request for an instruction that it was necessary to corroborate the statements of a witness who testifies to the falsity of statements made under oath. We have some doubt whether the so-called two-witness rule was ever applied to false swearing prosecutions under 18 U.S.C. § 152 . See Morris Plan Industrial Bank v. Finn, 149 F.2d 591, 592 (2d Cir. 1945). In any event Congress has abolished the “two-witness” rule for proof of perjury prosecutions, 18 U.S.C. § 1623 . The usual standard of proof beyond a reasonable doubt applies in false oath prosecutions under 18 U.S.C. § 152 , and the defendant’s contentions in this regard are without merit.

The single count considered by the jury alleged that the defendant knowingly made a false oath in a bankruptcy proceeding, and it contained nine separate factual allegations to support the charge. Jessee’s request for a special verdict was properly denied, since the trial court instructed…