device a material fact, or make[ ] any false, fictitious or fraudulent statements or representations, or make[] or use[] any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry.... 18 U.S.C. § 1001 (1994). None of these criminalized acts, however, “clearly contemplatef ] a prolonged course of conduct.” Toussie, 397 U.S. at 120, 90 S.Ct. 858. Rather, the statute contemplates a single act even though there may be continuing effects. The government appears to be arguing that Dunne committed a crime which had continuing effects after its completion. Such consequences, however, are not alone sufficient to warrant classifying violations of § 1001 as continuing offenses. See United States v. Bustamante, 45 F.3d 933, 942 (5th Cir. 1995) (<HOLDING>). The government suggests that Congress did not
holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with holding that admission of prior crime similar to the one charged increases likelihood that jury will convict based on past pattern of behavior rather than on facts of charged offense holding that because the defendant was not accused of committing a crime that has continuing effects after its completion but rather was charged with accepting illegal gratuities over an extended period of time he was therefore charged with continuing criminal behavior holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted