United States v. Fatemeh Khatami, AKA Doris Khatami

This case requires us to decide an issue of first impression in this circuit: whether 18 U.S.C. § 1512 (b) prohibits non-coercive — non-threatening or non-physical — attempts to tamper with witnesses. Following a bench trial, the district court convicted Fatemeh Khatami (“Khatami”) on two counts of witness tampering pursuant to 18 U.S.C. § 1512 (b)(3). Khatami argues on appeal that the evidence proffered by the government at trial was insufficient as a matter of law to sustain her conviction on those counts.

We hold, in line with other circuits that have interpreted § 1512(b), that the “corruptly persuades” language of the statute encompasses non-coercive attempts by a target of a criminal investigation to tamper with prospective witnesses. Accordingly, the evidence was sufficient to support a judgment of guilt on those counts. We therefore affirm.

Background

Khatami filed for and received Social Security disability benefits over a seven-year period. Unbeknownst to the government, Khatami obtained the benefits through false statements on her applications that she did not have any independent sources of income. To the contrary, she earned a living during the period in question…