043587P.pdf   08/22/2006  USA  v.  Anna Cacioppo
   U.S. Court of Appeals Case No:  04-3587
                          and No:  04-4149
                          and No:  04-3588
   Western District of Missouri   
   [PUBLISHED][Gruender, Author, with Murphy and Melloy, Circuit Judges]
   Criminal Case - convictions. District court erred in instructing jury 
   that reckless disregard of the falsity of statements or completeness of
   reporting was a sufficient basis to convict under section 1027 because
   statute requires "knowing [them] to be false." Government is obligated 
   to prove defendant knowingly concealed, covered up or failed to disclose
   facts and that she knew she was obligated to disclose it. Knowledge can
   be inferred from circumstantial evidence. There was insufficient
   evidence that Cacioppo knowingly made a false statement that she
   certified the completeness of her reporting or she knowingly concealed
   the names she knew she was required to disclose and thus her acquittal is
   affirmed. The district court's grant of acquittal of Plaskett's conviction 
   is reversed, as there was sufficient evidence to conclude he knew the
   requirements and caused Cacioppo to fail to disclose them. District
   court's failure to rule on new trial motion is remanded. Judgment of
   conviction on counts 22-28 are reversed because jury instruction error
   was not harmless.