Filed October 14, 2014
The Defense appreciates that numerous precedents exist that are in tension with the positions taken above. See, e.g., Haas v. Henkel, 216 U.S. 462, 479 (1910) (adopting broad definition of “defraud” to include “impairing, obstructing, or defeating the lawful Case 0:08-cr-60322-JIC Document 148 Entered on FLSD Docket 10/14/2014 Page 4 of 6 5 function of government”); Hammerschmidt, 265 U.S. at 188 (to defraud “means to interfere with or obstruct one of [the government’s] lawful . . . functions by deceit, craft or trickery, or at least means that are dishonest.”); Medina, 485 F.3d at 1297 (quoting Hammerschmidt, 265 U.S. at 188).