What is the test for recantation of a statement made by the US Department of Justice in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Verduzco-Contreras, 899 F.2d 20 (9th Cir. 1990):
The law is clear that the statement need only have the propensity to influence an agency's decision and that the government is not required to show reliance in fact. United States v. Rodriguez-Rodriguez, 840 F2d 697, 700 (9th Cir.1988) (citations omitted. Under the circumstances, the government has met its burden.
Recantation
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