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Article • July 1, 1998 • from P&J July, 1998
U.S. v. LaHue, No. 97-20031-01-JWL (D.Kan.) (998 F.Supp. 1182) (May 28, 1998) (Judge John W. Lungstrum) by QUOTE OF THE WEEK - The bondage of the "Federal funds" programs. "Congress's enactment of the Jacob Wetterling Act, Pub.L. No. 103-322, Title XVII, § 170101, 108 Stat. 2038 (1994), was another impetus …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Grossi, No. 97-2723 (7th Cir.) (143 F.3d 348) (May 29, 1998) (Judge Frank H. Easterbrook) by Case affirmed a conviction under 18 USC § 666 of an official accused of accepting bribes, even though the fund he managed used no Federal funds, because the court ruled that money …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Mills, No. 97-5085 (6th Cir.) (140 F.3d 630) (March 31, 1998) (Judge Martha Craig Daughtrey) by We have often noted that one of the favorite weapons in the growing arsenal of Federal criminal statutes is 18 U.S.C. § 666, which makes a Federal crime of theft and bribery …
Article • May 1, 1998 • from P&J May, 1998
U.S. v. Ferrara, No. 97-CR-777(DRH) (E.D.N.Y.) (990 F.Supp. 146) (January 9, 1998) (Judge Denis R. Hurley) by Here the Court stated: "Federalism has not been compromised here. See United States v. Bigler, 907 F.Supp. 401, 402 (S.D.Fla.1995); United States v. Cantor, 897 F.Supp. 110, 113 (S.D.N.Y.1995). The federal government has …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Agostino, No. 97-2105 (7th Cir.) (132 F.3d 1183) (December 22, 1997) (Judge Michael S. Kanne) by This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Zyskind, No. 96-1770 (2nd Cir.) (118 F.3d 113) (July 2, 1997) (Judge Amalya Lyle Kearse) by This case is noted for another one of those expansive readings of the scope of the Federal Anti-Bribery Act - 18 U.S.C. § 666. In this case the Court holds that "the …
Article • February 1, 1997 • from P&J February, 1997
Santopietro v. U.S., No. 3:96 CV 957 (D.Conn.) (948 F.Supp. 145) (December 31, 1996) (Judge Gerard L. Goettel) by Although openly disagreeing with the Second Circuit's decision in U.S. v. Foley, 73 F.3d 484 (2nd Cir. 1996), the court "reluctantly" set aside various convictions under § 666 because the Government …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Paradies, No. 94-8485 (11th Cir.) (98 F.3d 1266) (September 23, 1996) (Judge Harry W. Wellford) by United States v. Pretty, 98 F.3d 1213 (10th Cir. 1996) (Judge Engel) United States v. Paradies, 98 F.3d 1266 (11th Cir. 1996) (Judge Wellford) Both of these cases involved convictions of prominent …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Pretty, No. 95-6281 (10th Cir.) (98 F.3d 1213) (October 4, 1996) (Judge Albert J. Engel) by United States v. Pretty, 98 F.3d 1213 (10th Cir. 1996) (Judge Engel) United States v. Paradies, 98 F.3d 1266 (11th Cir. 1996) (Judge Wellford) Both of these cases involved convictions of prominent …
Article • October 1, 1996 • from P&J October, 1996
U.S. v. Frega, No. Crim. No. 96-698 (S.D.Cal.) (933 F.Supp. 1536) (July 9, 1996) (Judge Edward Rafeedie) by Case held that "[a] survey of published cases involving § 666 indicates that courts have required that this funding be shown to exist at a fairly specific level, and not at the …
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (89 F.3d 1185) (July 17, 1996) (Judge Emilio M. Garza) by This decision, dated July 17, 1996, is a reissued version of the Fifth Circuit’s earlier decision, dated June 13, 1996, that was reported at 86 F.3d 404 (5th Cir. 1996) and which …
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (89 F.3d 1185) (July 17, 1996) (Judge Emilio M. Garza) by This decision, dated July 17, 1996, is a reissued version of the Fifth Circuit’s earlier decision, dated June 13, 1996, that was reported at 86 F.3d 404 (5th Cir. 1996) and which …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza) by Case upheld a conviction under § 666 even if municipality had received a construction grant several years before the offenses were committed. This case shows just how easy it is for the …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Marmolejo, No. 94-60812 (5th Cir.) (86 F.3d 404) (June 13, 1996) (Judge Emilio M. Garza) by This case shows just how easy it is for the Federal Government to seize primary responsibility for the prosecution of State crimes despite the Tenth Amendment, which pointedly left criminal prosecution in …
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Dransfield, No. 93 Cr. 0567 (SJ) (E.D.N.Y.) (913 F.Supp. 702) (January 3, 1996) (Judge Sterling Jr. Johnson) by Case held that the New York City School Construction Authority was an organization that received more than $10,000 of Federal program benefits and therefore was subject to 18 USC § …
Article • February 1, 1996 • from P&J February, 1996
U.S. v. Foley, No. 94-1051, No. 516 (2nd Cir.) (73 F.3d 484) (January 4, 1996) (Judge Amalya Lyle Kearse) by This is an important decision that deals with one of the Government’s favorite statutes - 18 U.S.C. § 666. That statute essentially permits the Government to buy its jurisdiction over …
Article • October 1, 1995
U.S. v. Valentine, No. 94-5022 (6th Cir.) (63 F.3d 459) (August 16, 1995) (Judge Richard F. Suhrheinrich) by Case held that the provisions of 18 USC § 666 that prohibit an agency receiving $10,000 or more in one year from misappropriating property valued at $5,000 requires that the threshold amount …
Article • January 1, 1994
U.S. v. Wyncoop, No. 92-30444 (9th Cir.) (11 F.3d 119) (December 1, 1993) (Judge Mary M. Schroeder) by In this case a private college participated in federal student loan programs. The issue was whether the college's receipt of tuition payments funded by the loans qualified as receipt of benefits under …
Article • January 1, 1994
U.S. v. Nichols, No. 93-50619 (9th Cir.) (40 F.3d 999) (November 15, 1994) (Per Curiam) by Case held that the Federal Government's sharing of seized narcotics assets is a "benefit" arising from a federal program designed to encourage cooperation in drug investigations and thus the LAPD, as a recipient of …
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