US v. Jackson, No. 09-4753, concerned a challenge to the district court's denial of defendant's motion to dismiss his indictment for making false statements on "a matter within the jurisdiction of the executive, legislative, or judicial branch of the Government," in violation of 18 U.S.C. section 1001.
As the court stated: "While we think that the executive branch's authority to safeguard federal funds is a sufficient jurisdictional nexus on its own...even more direct controls that the executive branch exercised over Jackson. Specifically, it had the power to revoke Jackson's security clearance and his access to his NSA job site and ultimately to terminate its contract with CSC. Indeed, Jackson was only able to work on this project for NG because he was authorized to do so by NSA Security."
Thus, in affirming the conviction, the court held that defendant's false statements on his time-sheets, which were transmitted to the prime contractor, and from the prime contractor to the National Security Agency (NSA), and ultimately paid by the NSA, are matters within the jurisdiction of the executive branch under section 1001.
- Full text of US v. Jackson