Abouammo v. United States

Summary

Justice Kagan, writing for a unanimous Court, held that a prosecution under 18 U.S.C. §1519 for falsifying a document must occur in the district where the falsification occurred, not a different district where the targeted federal investigation was located. Falsification is the relevant prohibited conduct; the defendant’s intent to obstruct an investigation does not make the investigation’s location or contemplated effects additional conduct elements. The Court also rejected the Government’s characterization of §1519 as an inchoate offense permitting venue based on conduct associated with another obstruction crime. Because Abouammo falsified the invoice in Seattle, venue was improper in the Northern District of California. The Court reversed the Ninth Circuit’s judgment and remanded for further proceedings.