United States v. Singh, No. 17-50337 (9th Cir. 2019)Annotate this Case
Defendant Azano and Singh were convicted of various crimes stemming from illegal campaign contributions to local politicians to influence the 2012 San Diego election cycle. The Ninth Circuit reversed defendants' convictions on count 37 for falsification of campaign records and held that there was insufficient evidence to support the conviction.
The panel held that Congress acted within its constitutional authority in enacting 52 U.S.C. 30121(a). The panel was bound by Bluman v. FEC, 800 F. Supp. 2d 281 (D.D.C. 2011), aff'd, 565 U.S. 1104 (2012), and rejected defendants' contention that section 30121(a) violated foreign nationals' First Amendment rights. The panel also held that the jury instructions sufficiently covered the required mental state as required by section 30109 and Singh's defense theory, and an omission satisfied the actus reus element for 18 U.S.C. 1519, falsifying campaign records. The panel rejected defendants' remaining claims and affirmed the remaining convictions, vacated the sentences, and remanded for resentencing.