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United States v. Abdolhossein Rastegar, Also Known as Cyrus Rastegar

Citations: 472 F.3d 1032; 99 A.F.T.R.2d (RIA) 371; 2007 U.S. App. LEXIS 303Docket: 06-1634, 06-2605

Court: Court of Appeals for the Eighth Circuit; January 8, 2007; Federal Appellate Court

Narrative Opinion Summary

This case involves the conviction of a defendant for violating 42 U.S.C. 408(a)(7)(A) by using a Social Security Number (SSN) obtained under false pretenses to deceive the Internal Revenue Service (IRS). The defendant, who entered the United States for studies, initially obtained an SSN, which he continued to use even after his student visa expired. Upon becoming a permanent resident, he applied for a new SSN, providing misleading information and omitting his previously assigned SSN. The District Court found the defendant guilty, leading to an appeal on grounds of insufficient evidence of intent and false information provision. The appellate court, applying a de novo standard, affirmed the judgment, highlighting the materiality of the defendant's omissions and the sufficiency of circumstantial evidence indicating intent to deceive. The testimony of a special agent was pivotal, demonstrating the influence of the inaccurate information on the SSA's decision-making process. The court dismissed challenges to the agent's qualifications due to procedural defaults and found no plain error affecting substantial rights. Ultimately, the appellate court concluded that a reasonable fact-finder could convict the defendant beyond a reasonable doubt, thereby affirming the District Court's ruling and the imposed sentence of probation and a fine.

Legal Issues Addressed

Materiality of False Statements to SSA

Application: The court held that Rastegar's failure to disclose his previously assigned SSN was material because it influenced the SSA's decision to issue a new SSN.

Reasoning: Rastegar's failure to disclose his previously assigned Social Security Number (SSN 404) on his 1990 application significantly influenced the Social Security Administration’s (SSA) decision to assign him SSN 486.

Standard of Review: Plain Error

Application: Rastegar's challenge to the qualifications of the testifying agent was reviewed for plain error due to the lack of objection at trial, with the court finding no error in allowing the testimony.

Reasoning: Since Rastegar did not object to Brady's competency during the trial, the court reviews this claim for plain error, as established in United States v. Olano, which requires that only obvious errors affecting substantial rights warrant reversal.

Sufficiency of Evidence for Intent

Application: The appellate court affirmed the sufficiency of circumstantial evidence supporting Rastegar's intent to deceive the IRS through his use of the fraudulently obtained SSN.

Reasoning: Regarding intent to deceive when Rastegar used SSN 486 on his 2000 tax return, the court found sufficient circumstantial evidence to support such intent.

Violation of 42 U.S.C. 408(a)(7)(A)

Application: The court found that Rastegar knowingly used a Social Security Number obtained through false information to deceive the IRS, violating federal law.

Reasoning: Abdolhossein Rastegar, also known as Cyrus Rastegar, was found guilty by the District Court of intentionally deceiving the Internal Revenue Service (IRS) by using a Social Security number (SSN) obtained from the Social Security Administration (SSA) based on false information, violating 42 U.S.C. 408(a)(7)(A).