Also known as: dishonest acts or false statements · fraud · misrepresentation · deceit
Written by attorneys · grounded in primary & secondary sources — see below
A category of prior criminal convictions whose elements require proof or admission of conduct involving deceit or untruthfulness. Such convictions are automatically admissible to impeach any witness under Federal Rule of Evidence 609(a)(2) without balancing under Rule 403 because they bear directly on credibility.
Derek Douglas told the homeowner he was a licensed plumber responding to an emergency call and was invited inside. Once the door opened, Derek forced his way past the resident to commit theft. The court treated the entry as a constructive breaking because the consent was obtained by a dishonest act or false statement.
Diane Dawson sold a home to Destiny Davis after assuring her that the roof was new. After closing, Destiny discovered the roof was twenty years old and sued for fraud. The court allowed the claim to proceed because merger does not extinguish causes of action based on a dishonest act or false statement.
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Daniel Diaz filed a complaint alleging that Dynamic Solutions had misrepresented its product specifications to induce a contract. The court dismissed the claim because the pleading failed to state with particularity the circumstances of the dishonest act or false statement as required by Rule 9(b).
Dylan Duffy asked his lawyer to prepare documents that would conceal assets from creditors. After the lawyer explained the limits of permissible assistance, Dylan insisted on proceeding. The lawyer properly withdrew because the client sought to use the lawyer's services to further a dishonest act or false statement.
Dolores Diaz formed Desert Oil with minimal capital and commingled its funds with her personal accounts. She used the corporation to issue false invoices that defrauded suppliers. The court pierced the veil because the corporation was an instrumentality used to perpetrate a dishonest act or false statement.
Davenport Pharmaceuticals offered a will for probate. Heirs challenged it, alleging the testator was induced to sign by a false promise that the company would fund a family charity. The court placed the burden on the contestants to prove the dishonest act or false statement by a preponderance of the evidence.
Convictions whose elements require proof or admission of a dishonest act or false statement are automatically admissible under Rule 609(a)(2) regardless of punishment. Examples include forgery, perjury, and fraud offenses. The court must be able to determine from the elements or the witness's admission that the conviction fits this category.
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No. Convictions involving a dishonest act or false statement are admitted without regard to the balancing test in Rule 403 because their probative value on credibility is considered high. The rule mandates admission once the court determines the conviction meets the standard.
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The court examines the statutory elements of the crime or the witness's admission during the prior proceeding. If those elements necessarily required proof of deceit or untruthfulness, the conviction qualifies. Offenses such as theft or assault generally do not qualify unless the particular facts establish a false statement.
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…Hochfelder, 425 U. S., at 206 (quoting Senate Report). Reliance provides the requisite causal connection between a defendant's misrepresentation and a plaintiff's injury. See, e. g., Wilson v. Comtech Telecommunications Corp., 648 F. 2d 88, 92 (CA2 1981); List v. Fashion Park, Inc., 340 F. 2d 457, 462 (CA2), cert. denied sub nom.…