24 Cited authorities

McNally v. United States
483 U.S. 350 (1987) Cited 1,102 times 30 Legal Analyses
Holding that the mail fraud statute is "limited in scope to the protection of property rights"
Russell v. United States
369 U.S. 749 (1962) Cited 1,843 times 3 Legal Analyses
Holding that an indictment may not be "amended except by resubmission to the grand jury"
Costello v. United States
350 U.S. 359 (1956) Cited 2,003 times 1 Legal Analyses
Holding that a court may not look behind the indictment to determine if the evidence upon which it was based is sufficient
Arthur Andersen v. U. S
544 U.S. 696 (2005) Cited 311 times 9 Legal Analyses
Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."
United States v. Aguilar
515 U.S. 593 (1995) Cited 381 times 9 Legal Analyses
Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"
U.S. v. Schwarz
283 F.3d 76 (2d Cir. 2002) Cited 216 times 1 Legal Analyses
Holding that jury's exposure to news of co-defendant's admission to committing crime with another person could not be dismissed as harmless
U.S. v. Shellef
507 F.3d 82 (2d Cir. 2007) Cited 167 times 3 Legal Analyses
Holding that an indictment need not specifically allege the purpose and methods in connection with a conspiracy to defraud the United States
U.S. v. Pirro
212 F.3d 86 (2d Cir. 2000) Cited 166 times
Holding that an indictment failed to sufficiently allege a material falsehood or omission amounting to a material falsehood because the indictment failed to allege what facts made the omission material
Fountain v. U.S.
357 F.3d 250 (2d Cir. 2004) Cited 112 times 1 Legal Analyses
Determining that "taxes owed to governments" are "`property' withing the meaning of the mail and wire fraud statutes"
Hammerschmidt v. U.S.
265 U.S. 182 (1924) Cited 332 times 1 Legal Analyses
In Hammerschmidt, the Court stated that "a mere open defiance of the governmental purpose to enforce a law by urging persons subject to it to disobey it" does not fall within the scope of the statute.
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,440 times 104 Legal Analyses
Relating to mail fraud
Section 1512 - Tampering with a witness, victim, or an informant
18 U.S.C. § 1512 Cited 4,374 times 41 Legal Analyses
Defining "law enforcement officer" as "an officer or employee of the Federal Government "
Section 1503 - Influencing or injuring officer or juror generally
18 U.S.C. § 1503 Cited 2,516 times 17 Legal Analyses
Relating to obstruction of justice

USA v. Binday et al

24 Cited authorities

Holding that the mail fraud statute is "limited in scope to the protection of property rights"

Holding that an indictment may not be "amended except by resubmission to the grand jury"

Holding that a court may not look behind the indictment to determine if the evidence upon which it was based is sufficient

Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."

Holding that "if the defendant lacks knowledge that his actions are likely to affect the judicial proceeding, he lacks the requisite intent to obstruct"

Holding that jury's exposure to news of co-defendant's admission to committing crime with another person could not be dismissed as harmless

Holding that an indictment need not specifically allege the purpose and methods in connection with a conspiracy to defraud the United States

Holding that an indictment failed to sufficiently allege a material falsehood or omission amounting to a material falsehood because the indictment failed to allege what facts made the omission material

Determining that "taxes owed to governments" are "`property' withing the meaning of the mail and wire fraud statutes"

In Hammerschmidt, the Court stated that "a mere open defiance of the governmental purpose to enforce a law by urging persons subject to it to disobey it" does not fall within the scope of the statute.

Relating to mail fraud

Defining "law enforcement officer" as "an officer or employee of the Federal Government "

Relating to obstruction of justice