Popcorn time, folks. I was initially upset at the verdict, but now that it finally clicked I'm laughing because this is gonna get good.
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I think materiality requires the FBI to have acted on the lie because they believed it though. If that's true, then in fact a conviction would have required an "If the FBI believes it."
I'm no lawyer, but it is pretty clear the FBI acted on the lie, regardless if they believed it or not. Isn't that what materiality is?
I am trying to find the standard. But usually there has to be reasonable reliance on the fraud, at least in the civil context which is more my area.
If I told you you would get a million dollars if you go to Taco Bell, but you were going to go anyway and you didn't really even believe me in the first place, you can't then say you were defrauded out of anything - even the gas money or bus fare to Taco Bell.