Brogan v. United States "No" Means "No Defense": Brogan's Elimination of the "Exculpatory No" Doctrine

Abstract

This note will examine the Brogan v. United States decision and discuss its potential effects. Part II discusses the historical development of section 1001 and the exculpatory no doctrine through case law and public policy. Part III provides a statement of the facts in Brogan. Part IV gives a critical analysis of the majority, concurring, and dissenting opinions. Part V will examine the likely impact of the Court's decision on Congress, federal law enforcement procedures, future adjudication, and individuals. The article will briefly conclude in Part VI.