Brogan v. United States

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Brogan v. United States
Court Supreme Court of the United States
Date decided January 26, 1998


Federal agent had accused a union official of receiving cash from their corporate bosses. The union official denied this whereupon he was prosecuted by his denial under the False Statements Act.

Procedural History

The defendant raised the "exculpatory no" as a defense.


Lower federal courts had exceeded their authority by creating an "exculpatory no" exception.


Based on the Court's reasoning, the self-incrimination clause of the 5th Amendment to the US Constitution doesn't apply here.


According to the "exculpatory no" doctrine, simply denying guilt to federal investigators isn't a felony.