Neder v. United States
527 U.S. 1 (1999) Cited 4,951 times 31 Legal AnalysesHolding that the failure to submit an uncontested element of an offense to a jury may be harmless
United States v. Gaudin
515 U.S. 506 (1995) Cited 1,658 times 15 Legal AnalysesHolding that a jury must decide whether a false statement under § 1001 is "material"
United States v. Nixon
418 U.S. 683 (1974) Cited 4,087 times 15 Legal AnalysesHolding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254
Kungys v. United States
485 U.S. 759 (1988) Cited 694 times 2 Legal AnalysesHolding that the government must meet its burden with "clear, unequivocal, and convincing" evidence
U.S. v. Stevens
985 F.2d 1175 (2d Cir. 1993) Cited 184 timesAffirming the proposition that a "sentencing court's finding that a firearm was possessed in connection with a drug offense for purposes of § 2D1.1 will not be over-turned unless it is clearly erroneous"
U.S. v. Stein
488 F. Supp. 2d 350 (S.D.N.Y. 2007) Cited 67 timesHolding that materials in corporation's files are within government's “control” for Rule 16 purposes because of cooperation agreement
United States v. Tucker
249 F.R.D. 58 (S.D.N.Y. 2008) Cited 58 timesHolding the Nixon standard "inappropriate where production is requested by a criminal defendant; (B) on the eve of trial; (C) from a non-party; (D) where the defendant has an articulable suspicion that the documents may be material to his defense. A defendant in such a situation need only show that the request is reasonable, construed as 'material to the defense,' and not unduly oppressive for the producing party to respond."
U.S. v. Nachamie
91 F. Supp. 2d 552 (S.D.N.Y. 2000) Cited 74 timesHolding that Government lacked standing to quash rule 17(c) subpoenas issued by the defendant to third parties
U.S. v. Giffen
379 F. Supp. 2d 337 (S.D.N.Y. 2004) Cited 54 timesDirecting the government to provide a preliminary trial exhibit list before trial
U.S. v. Mittelstaedt
31 F.3d 1208 (2d Cir. 1994) Cited 71 timesHolding that defendant's failure to disclose another partner's interest in a partnership tax return was material because it had the potential for hindering the IRS's efforts to verify and monitor the other partner's tax liability
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,401 times 104 Legal AnalysesRelating to mail fraud
Section 1349 - Attempt and conspiracy
18 U.S.C. § 1349 Cited 5,126 times 40 Legal AnalysesCriminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"
Section 3105 - Representations by the insured
N.Y. Ins. Law § 3105 Cited 321 times 6 Legal AnalysesRequiring "inducement"
Section 3205 - Insurable interest in the person; consent required; exceptions
N.Y. Ins. Law § 3205 Cited 46 times 1 Legal AnalysesStating that "[n]o contract of insurance ... shall be made or effectuated unless ... the person insured ... applies for or consents"