Attorney here! (Not legal advice; consult licensed counsel in your state if you need legal advice.) You’re missing an element of the crime. Here are the elemen

Attorney here! (Not legal advice; consult licensed counsel in your state if you need legal advice.) You’re missing an element of the crime. Here are the elements according to the Ninth Circuit, which is the jurisdiction in which Sullivan is being charged. Under 18 U.S.C. § 4, “the government must prove beyond a reasonable doubt: ‘(1) that the principal . . . committed and completed the felony alleged; (2) that the defendant had full knowledge of that fact; (3) that he failed to notify the authorities; and (4) that he took affirmative steps to conceal the crime of the principal.” So merely failing to report a felony, even one you directly witnessed, does not give rise to a criminal act under the law. Otherwise every witness to a a crime could be considered a criminal if they didn’t report it. You have to engage in some act of concealment as well.