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Article • October 6, 2005
McNally v. U.S., No. 86-234 (U.S. Supreme Court) (483 U.S. 350; 107 S.Ct. 2875) (June 24, 1987) (Justice White) by This decision led directly to the enactment by Congress of 18 U.S.C. § 1346 - the provision within the mail fraud statutes that covers the “intangible right to honest services.” …
Article • July 5, 2002
Carpenter v. U.S., No. 86-442 (U.S. Supreme Court) (484 U.S. 19; 108 S.Ct. 316) (November 16, 1987) (Justice White) by Here, some five months after the Court's decision in McNally v. U.S., 483 U.S. 350 (1987), the Court emphasized that McNally"did not limit the scope of § 1341 to tangible …
Article • January 1, 2002 • from P&J January, 2002
U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro) by Among the many errors claimed on appeal in this case, the defendant argued that the district court had committed error when it refused to instruct the jury that it had to determine …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black) by The defendants in this case were charged with various crimes arising out of the alleged curruption of the process by which a local county selected an underwriter for refunding municipal water and …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by United States v. Woodward, 149 F.3d 46 (1st Cir. 1998) (Judge Bownes) United States v. Bloom, 149 F.3d 649 (7th Cir. 1998) (Judge Easterbrook) It is sometimes almost amusing to watch the …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Case held that legislator's receipt of some $9,000 in shared meal and entertainment expenses over an eight year period was sufficient to support a conviction for honest services fraud under 18 USC …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Boylan, No. Crim. No. 98-45 (D.N.J.) (5 F.Supp.2d 274) (May 8, 1998) (Judge Stephen M. Orlofsky) by Case is noted for its discussion of the purpose and scope of § 2C1.7 which deals with fraud by public officials which deprive a constituency of its intangible right to honest …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Sawyer, No. 95-1689 (1st Cir.) (85 F.3d 713) (May 30, 1996) (Judge Norman H. Stahl) by Here the Court held that where the jury was permitted to find honest-services mail fraud upon proof of violations of either the State gift statute or the gratuity statute, and apellate court …