Neder v. United States

527 U.S. 1, 119 S. Ct. 1827, 144 L. Ed. 2d 35, 1999 U.S. LEXIS 4007
CourtSupreme Court of the United States
DecidedJune 10, 1999
Docket97-1985
StatusPublished
Cited by5,055 cases

This text of 527 U.S. 1 (Neder v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neder v. United States, 527 U.S. 1, 119 S. Ct. 1827, 144 L. Ed. 2d 35, 1999 U.S. LEXIS 4007 (1999).

Opinions

Chief Justice Rehnquist

delivered the opinion of the Court.

Petitioner was tried on charges of violating a number of federal criminal statutes penalizing fraud. It is agreed that the District Court erred in refusing to submit the issue of materiality to the jury with respect to those charges involving tax fraud. See United States v. Gaudin, 515 U. S. 506 (1995). We hold that the harmless-error rule of Chapman v. California, 386 U. S. 18 (1967), applies to this error. We also hold that materiality is an element of the federal mail fraud, wire fraud, and bank fraud statutes under which petitioner was also charged.

I

In the mid-1980’s, petitioner Ellis E. Neder, Jr., an attorney and real estate developer in Jacksonville, Florida, engaged in a number of real estate transactions financed by fraudulently obtained bank loans. Between 1984 and 1986, Neder purchased 12 parcels of land using shell corporations set up by his attorneys and then immediately resold the land at much higher prices to limited partnerships that he eon-[5]*5trolled. Using inflated appraisals, Neder secured bank loans that typically amounted to 70% to 75% of the inflated resale price of the land. In so doing, he concealed from lenders that he controlled the shell corporations, that he had purchased the land at prices substantially lower than the inflated resale prices, and that the limited partnerships had not made substantial down payments as represented. In several cases, Neder agreed to sign affidavits falsely stating that he had no relationship to the shell corporations and that he was not sharing in the profits from the inflated land sales. By keeping for himself the amount by which the loan proceeds exceeded the original purchase price of the land, Neder was able to obtain more than $7 million. He failed to report nearly all of this money on his personal income tax returns. He eventually defaulted on the loans.

Neder also engaged in a number of schemes involving land development fraud. In 1985, he obtained a $4,150,000 construction loan to build condominiums on a project known as Cedar Creek. To obtain the loan, he falsely represented to the lender that he had satisfied a condition of the loan by making advance sales of 20 condominium units. In fact, he had been unable to meet the condition, so he secured additional buyers by making their down payments himself. He then had the down payments transferred back to him from the escrow accounts into which they had been placed. Neder later defaulted on the loan without repaying any of the principal. He employed a similar scheme to obtain a second construction loan of $5,400,000, and unsuccessfully attempted to obtain an additional loan in the same manner.

Neder also obtained a consolidated $14 million land acquisition and development loan for a project known as Reddie Point. Pursuant to the loan, Neder could request funds for work actually performed on the project. Between September 1987 and March 1988, he submitted numerous requests based on false invoices, the lender approved the requests, [6]*6and he obtained almost $8 million unrelated to any work actually performed.

Neder was indicted on, among other things, 9 counts of mail fraud, in violation of 18 U. S. C. § 1341; 9 counts of wire fraud, in violation of § 1343; 12 counts of bank fraud, in violation of § 1344; and 2 counts of filing a false income tax return, in violation of 26 U. S. C. § 7206(1). The fraud counts charged Neder with devising and executing various schemes to defraud lenders in connection with the land acquisition and development loans, totaling over $40 million. The tax counts charged Neder with filing false statements of income on his tax returns. According to the Government, Neder failed to report more than $1 million in income for 1985 and more than $4 million in income for 1986, both amounts reflecting profits Neder obtained from the fraudulent real estate loans.

In accordance with then-extant Circuit precedent and over Neder’s objection, the District Court instructed the jury that, to convict on the tax offenses, it “need not consider” the materiality of any false statements “even though that language is used in the indictment.” App. 256. The question of materiality, the court instructed, “is not a question for the jury to decide.” Ibid. The court gave a similar instruction on bank fraud, id., at 249, and subsequently found, outside the presence of the jury, that the evidence established the materiality of all the false statements at issue, id., at 167. In instructing the jury on mail fraud and wire fraud, the District Court did not include materiality as an element of either offense. Id., at 253-255. Neder again objected to the instruction. The jury convicted Neder of the fraud and tax offenses, and he was sentenced to 147 months’ imprisonment, 5 years’ supervised release, and $25 million in restitution.

The Court of Appeals for the Eleventh Circuit affirmed the conviction. 136 F. 3d 1459 (1998). It held that the District Court erred under our intervening decision in United States [7]*7v. Gaudin, 515 U. S. 506 (1995), in failing to submit the materiality element of the tax offense to the jury. It concluded, however, that the error was subject to harmless-error analysis and, further, that the error was harmless because “materiality was not in dispute,” 136 F. 3d, at 1465, and thus the error “‘did not contribute to the verdict obtained,’” ibid. (quoting Yates v. Evatt, 500 U. S. 391, 403 (1991)). The Court of Appeals also held that materiality is not an element of the mail fraud, wire fraud, and bank fraud statutes, and thus the District Court did not err in failing to submit the question of materiality to the jury.

We granted certiorari, 525 U. S. 928 (1998), to resolve a conflict in the Courts of Appeals on two questions: (1) whether, and under what circumstances, the omission of an element from the judge’s charge to the jury can be harmless error, and (2) whether materiality is an element of the federal mail fraud, wire fraud, and bank fraud statutes.

hH

Rule 52(a) of the Federal Rules of Criminal Procedure, which governs direct appeals from judgments of conviction in the federal system, provides that “[a]ny error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” Although this Rule by its terms applies to all errors where a proper objection is made at trial, we have recognized a limited class of fundamental constitutional errors that “defy analysis by ‘harmless error’ standards.” Arizona v. Fulminante, 499 U. S. 279, 309 (1991); see Chapman v. California, 386 U. S., at 23. Errors of this type are so intrinsically harmful as to require automatic reversal (i. e., “affect substantial rights”) without regard to their effect on the outcome. For all other constitutional errors, reviewing courts must apply Rule 52(a)’s harmless-error analysis and must “disregar[d]” errors that are harmless “beyond a reasonable doubt.” Id., at 24.

[8]

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Bluebook (online)
527 U.S. 1, 119 S. Ct. 1827, 144 L. Ed. 2d 35, 1999 U.S. LEXIS 4007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neder-v-united-states-scotus-1999.