Wednesday, August 13, 2008
The Fifth Circuit Court of Appeals in United States v. Rabhan issued a reversal and remand of the district court's Order dismissing a count of a white collar indictment and found that "aiding and abetting is a form of derivative liability and should be treated the same as the substantive or underlying offense." The court held "that the ten-year statute of limitations for 18 U.S.C. s 1014 as contained in 18 U.S.C. s 3293 applies to a charge through 18 U.S.C. s 2 of aiding and abetting a violation of section 1014."
The accused was charged with an 11 count indictment alleging conspiracy under 18 USC 371 and making false statements in violation of 18 USC 1014.The government had filed an "interlocutory appeal challenging the district court's denial of its motion to reconsider dismissal of Count Eight of the indictment." The decision reversing the lower court allows the government an extended time to bring charges when using an aiding and abetting charge. Although the government can proceed with their case, this does not in any way indicate that they will be successful in proving the accused guilty beyond a reasonable doubt. That remains to be seen.