00-3444 U.S. v. Ringer

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“[W]e find venue was proper in the Southern District of Indiana because events took place there which were critical to proving the elements of the false statements case against Ringer.

“[O]ne of the elements of an 18 U.S.C. § 1001 offense is materiality of the statement. As with all other elements, materiality must be proven to a jury beyond reasonable doubt. See United States v. Gaudin, 515 U.S. 506, 522-23 (1995). Ringer admits that his statements may have affected judicial proceedings in Indiana. However, he argues that the effect on the Indiana investigation has no bearing on venue because where the harm occurs is not an element of the crime to be proved. That the government does not have to prove that a proceeding was affected, however, does not mean that the Indiana investigation was irrelevant. Proving that the investigation was reasonably likely to be affected by Ringer’s statements was the keystone to materiality in this case. If the investigation continued and indictments were handed down against Ringer’s friends despite his attempts to frustrate the investigation, Ringer would surely be here arguing that his statements were not material, since the government was able to secure the indictments without his testimony.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Williams, J.