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In the Courts
Seventh Circuit Distinguishes Between Truth and Truthiness
True or false? This question we learn as children presents a simple binary,, but the distinction is rarely that simple. From the President's “alternative facts” to Stephen Colbert's “truthiness” – there remains a spectrum between literal truths to technical truths that nevertheless ring false in certain lights. Recently, the Seventh Circuit explored the distinction between actual truth and technical truths in the case of United States v. Batmagnai Chogsom and held that the line between truth and falsehood may lie in the mind of the utterer.
At a first glance, Chogsom is a relatively unremarkable prosecution of two individuals for the exporting stolen vehicles and engaging in a scheme to structure financial transactions in a manner that would elude federal financial reporting requirements. Initially, after a six day jury trial involving twenty nine witnesses, a federal jury convicted Mr. Nikolay Tantchev of a series of charges relating to the stolen cars and using false documents in connection with the financial scheme. The same jury acquitted his associate, Mr. Batmagnai Chogsom of these charges but convicted him of making a false statement to an IRS agent and sentenced him to three years of probation. Mr. Chogsom appealed his conviction.
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