What is the test for making a claim under section 1417 of the Civil Rights Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Barker, 930 F.2d 1408 (9th Cir. 1991):
1. What is a claim? The government cites cases holding that the government does not have to show loss to prevail under the statute. On that point, there is no disagreement. A claim is criminal if it obstructs a governmental function although it causes no loss. See United States v. White, 765 F.2d 1469, 1472-73 (11th Cir.1985). It is common ground that
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