United States v. Stephen Michael Cohen

993 F.2d 885 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Stephen Michael COHEN, Defendant-Appellant. No. 92-50077. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1993. * Decided May 13, 1993. Before: KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. MEMORANDUM *** A. Cohen's lie about the proceeds of the $150,000 loan isn't covered by 18 U.S.C. § 1001 . The lie related to the bankruptcy court's adjudicative (rather than purely administrative) functions, so under United States v. Mayer, 775 F.2d 1387, 1391 (9th Cir.1985), 18 U.S.C. § 1001 is inapplicable. 1 The government is correct in saying Cohen's conduct was far from a "traditional trial tactic." But though the reason for the "adjudicative function" exception may be the desire to protect traditional trial tactics, see 775 F.2d at 1391 , the touchstone under Mayer is whether the false statement was said to a court acting in its…