United States v. Williams

504 U.S. 36, 112 S. Ct. 1735, 118 L. Ed. 2d 352, 1992 U.S. LEXIS 2688
CourtSupreme Court of the United States
DecidedMay 4, 1992
Docket90-1972
StatusPublished
Cited by724 cases

This text of 504 U.S. 36 (United States v. Williams) 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
United States v. Williams, 504 U.S. 36, 112 S. Ct. 1735, 118 L. Ed. 2d 352, 1992 U.S. LEXIS 2688 (1992).

Opinions

Justice Scalia

delivered the opinion of the Court.

The question presented in this case is whether a district court may dismiss an otherwise valid indictment because the [38]*38Government failed to disclose to the grand jury “substantial exculpatory evidence” in its possession.

HH

On May 4, 1988, respondent John H. Williams, Jr., a Tulsa, Oklahoma, investor, was indicted by a federal grand jury on seven counts of “knowingly mak[ing] [a] false statement or report... for the purpose of influencing . . . the action [of a federally insured financial institution],” in violation of 18 U. S. C. § 1014 (1988 ed., Supp. II). According to the indictment, between September 1984 and November 1985 Williams supplied four Oklahoma banks with “materially false” statements that variously overstated the value of his current assets and interest income in order to influence the banks’ actions on his loan requests.

Williams’ misrepresentation was allegedly effected through two financial statements provided to the banks, a “Market Value Balance Sheet” and a “Statement of Projected Income and Expense.” The former included as “current assets” approximately $6 million in notes receivable from three venture capital companies. Though it contained a disclaimer that these assets were carried at cost rather than at market value, the Government asserted that listing them as “current assets” — i e., assets quickly reducible to cash — was misleading, since Williams knew that none of the venture capital companies could afford to satisfy the notes in the short term. The second document — the Statement of Projected Income and Expense — allegedly misrepresented Williams’ interest income, since it failed to reflect that the interest payments received on the notes of the venture capital companies were funded entirely by Williams’ own loans to those companies. The Statement thus falsely implied, according to the Government, that Williams was deriving interest income from “an independent outside source.” Brief for United States 3.

[39]*39Shortly after arraignment, the District Court granted Williams’ motion for disclosure of all exculpatory portions of the grand jury transcripts. See Brady v. Maryland, 373 U. S. 83 (1963). Upon reviewing this material, Williams demanded that the District Court dismiss the indictment, alleging that the Government had failed to fulfill its obligation under the Tenth Circuit’s prior decision in United States v. Page, 808 F. 2d 723, 728 (1987), to present “substantial exculpatory evidence” to the grand jury (emphasis omitted). His contention was that evidence which the Government had chosen not to present to the grand jury — in particular, Williams’ general ledgers and tax returns, and Williams’ testimony in his contemporaneous Chapter 11 bankruptcy proceeding — disclosed that, for tax purposes and otherwise, he had regularly accounted for the “notes receivable” (and the interest on them) in a manner consistent with the Balance Sheet and the Income Statement. This, he contended, belied an intent to mislead the banks, and thus directly negated an essential element of the charged offense.

The District Court initially denied Williams’ motion, but upon reconsideration ordered the indictment dismissed without prejudice. It found, after a hearing, that the withheld evidence was “relevant to an essential element of the crime charged,” created “ ‘a reasonable doubt about [respondent’s] guilt,’ ” App. to Pet. for Cert. 23a-24a (quoting United States v. Gray, 502 F. Supp. 150, 152 (DC 1980)), and thus “rendered] the grand jury’s decision to indict gravely suspect,” App. to Pet. for Cert. 26a. Upon the Government’s appeal, the Court of Appeals affirmed the District Court’s order, following its earlier decision in Page, supra. It first sustained as not “clearly erroneous” the District Court’s determination that the Government had withheld “substantial exculpatory evidence” from the grand jury. See 899 F. 2d 898, 900-903 (CA10 1990). It then found that the Government’s behavior “ ‘substantially influence^]’ ” the grand jury’s decision to indict, or at the very least raised a “‘grave doubt that the [40]*40decision to indict was free from such substantial influence.’” Id., at 903 (quoting Bank of Nova Scotia v. United States, 487 U. S. 250, 263 (1988)); see 899 F. 2d, at 903-904. Under these circumstances, the Tenth Circuit concluded, it was not an abuse of discretion for the District Court to require the Government to begin anew before the grand jury.1 We granted certiorari. 502 U. S. 905 (1991).

hH f-H

Before proceeding to the merits of this matter, it is necessary to discuss the propriety of reaching them. Certiorari was sought and granted in this case on the following question: “Whether an indictment may be dismissed because the government failed to present exculpatory evidence to the grand jury.” The first point discussed in respondent’s brief opposing the petition was captioned “The ‘Question Presented’ in the Petition Was Never Raised Below.” Brief in Opposition 3. In granting certiorari, we necessarily considered and rejected that contention as a basis for denying review.

Justice Stevens’ dissent, however, revisits that issue, and proposes that — after briefing, argument, and full consideration of the issue by all the Justices of this Court — we now decline to entertain this petition for the same reason we originally rejected, and that we dismiss it as improvidently granted. That would be improvident indeed. Our grant of certiorari was entirely in accord with our traditional practice, though even if it were not it would be imprudent (since there is no doubt that we have jurisdiction to entertain the case) to reverse course at this late stage. See, e. g., Ferguson v. Moore-McCormack Lines, Inc., 352 U. S. 521, 560 (1957) (Harlan, J., concurring in part and dissenting in part); Donnelly v. DeChristoforo, 416 U. S. 637, 648 (1974) (Stew[41]*41art, J., concurring, joined by White, J.). Cf. Oklahoma City v. Tuttle, 471 U. S. 808, 816 (1985).

Our traditional rule, as the dissent correctly notes, precludes a grant of certiorari only when “the question presented was not pressed or passed upon below.” Post, at 58 (internal quotation marks omitted). That this rule operates (as it is phrased) in the disjunctive, permitting review of an issue not pressed so long as it has been passed upon, is illustrated by some of our more recent dispositions. As recently as last Term, in fact (in an opinion joined by Justice Stevens), we entertained review in circumstances far more suggestive of the petitioner’s “sleeping on its rights” than those we face today. We responded as follows to the argument of the Solicitor General that tracks today’s dissent:

“The Solicitor General . . . submits that the petition for certiorari should be dismissed as having been improvidently granted. He rests this submission on the argument that petitioner did not properly present the merits of the timeliness issue to the Court of Appeals, and that this Court should not address that question for the first time. He made the same argument in his opposition to the petition for certiorari.

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Cite This Page — Counsel Stack

Bluebook (online)
504 U.S. 36, 112 S. Ct. 1735, 118 L. Ed. 2d 352, 1992 U.S. LEXIS 2688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-scotus-1992.