Monday, May 16, 2016

Harder to 'Aid and Abet' in 1st Circuit.

Prosecutors are required to show that the defendant knew that the situation was such that the principal's conduct was illegal.

United States v. Ford, 2016 BL 115513, 1st Cir., No. 15-1303, 4/13/16

     The First Circuit Court of Appeals ruled that just because a woman had "reason to know" that her husband was convicted of a felony years earlier, she cannot be convicted of aiding and abetting her husband's illegal possession of a firearm.

     Other Circuits have applied a lower level of mens rea to prove aiding and abetting, but the First Circuit said that the government must prove "actual knowledge." The court looked at the language in 18 U.S.C. § 2, which uses the words "aids, abets, counsels, commands, induces or procures," suggesting that a person can only violate the statute with full knowledge and choice.

http://www.bloomberglaw.com/public/desktop/document/United_States_v_Ford_No_151303_2016_BL_115513_1st_Cir_Apr_13_2016?1463410334

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