Criminal Trials, Hearings Material Misrepresentation

[benstill]

I'm posting with the intention of getting perspectives from the users in this forum. Please ask me if you need to know more details.

Is completing and signing a form I-9 (employment eligibility verification form) with wrong information considered a material misrepresentation if you have the right to be employed in the U.S.?

e.g., if you are a U.S. citizen, resident alien, or legal alien with work authorization and when completing the form I-9 you check the wrong status box (Citizen checking the resident box or alien checking the resident box), will that be considered a material misrepresentation?. Regardless, all 3 (citizen, resident, legal alien) have the right to employment, so there is absolutely no benefit or gains from this misrepresentation.

So, is it material or not? If possible please explain why.

Thx for your advice

 

[dee_dub]

What's riding on this? I.e. what difference does it make whether it's "material" or not? Material to what?

 

[benstill]

I was thinking material misrepresentation in it self. I'm not sure, I'm just a regular guy trying to understand the "material" concept within the law, and for what I've read (please help me understand if I'm wrong) I think a misrepresentation is material when from the action or false representation you influenced (for your own benefit) the outcome of a contract or any other transaction, or you gained money or any other benefits for yourself.

My friend was convicted for checking the wrong status box in a form I9, she was charged with (1)false statement, and (2)impersonating a citizen (she is a legal resident who checked the citizen box), the judge dismissed charge 2, and the prosecutors had to prove the false statement was material to get a conviction. The judge thought it was material, but based his decision on the general use of the I9 -which is to crack down on illegal aliens in the workplace-, and didn't consider my friend's individual circumstances. Judge also said is an interesting case for appeal because this person actually didn't benefit or gain at all from checking the citizen box and that puts in question if the false statement is a material one.

If you have any other questions please shoot.

 

[dee_dub]

"Material" means, roughly, significant to the matter at hand. In the context of your friend's situation, it has a specific meaning relative to the statute she was charged with. I don't know what that statute is or how the courts interpret "material" in relation to it. You might try posting your question in the Criminal or Employment forums.