Neder v. United States

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Bridge v. Phoenix Bond & Indem. Co.

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Ashe v. Swenson

Holding that the Double Jeopardy Clause prevents a defendant acquitted of robbing one participant at a poker game from being prosecuted for robbing any of the other participants at the same game

United States v. Martin Linen Supply Co.

Holding "appeals by the Government from . . . judgments of acquittal" entered under Rule 29 are authorized by 18 U.S.C. § 3731 "unless barred by the Double Jeopardy Clause of the Constitution"

Stirone v. United States

Holding courts must assume "that under an indictment drawn in general terms a conviction might rest upon a showing" under those general terms

Corley v. Rosewood Care Center, Inc. of Peoria

Holding that where the defendant discontinued a promised program ninth months after the plaintiff contracted, the discontinuation alone provided "literally no evidence of fraudulent intent" because the defendant "did in fact operate the ... program for a substantial period of time before terminating it"

U.S. v. Benkahla

Holding that, as long as the Guidelines range is treated as advisory, a sentencing court may consider and find facts by a preponderance of the evidence, provided that those facts do not increase a sentence beyond the statutory maximum

United States v. Keplinger

Finding that various inaccuracies in a document did not render the evidence unreliable, given other evidence of accurate recordkeeping practices

U.S. v. Yearwood

Finding probative value of prior drug convictions not outweighed by potential for prejudice as government responsible for proving knowledge and intent as part of the conspiracy charge

Perlman v. Zell

Holding that plaintiff's recovery of only 7% of his initial demand in contract, fraud, and RICO suit undermined his claim to full attorney's fees

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 2 - Principals

Holding aiders and abettors punishable as principals under federal criminal law

Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

Holding that such a statement must merely be made by the party and offered against that party

Section 1001 - Statements or entries generally

Making false statements

Section 1346 - Definition of "scheme or artifice to defraud"

Stating that term "scheme or artifice to defraud," as used inter alia in wire fraud statute, see id. § 1343, "includes a scheme or artifice to deprive another of the intangible right of honest services"

Section 1031 - Exchange of real property held for productive use or investment

Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

Section 203C:3 - Investment and management decisions

Section 203C:2 - Trustees managing trust assets; duty to comply with prudent investor rule

Section 1.1031(k)-1 - Treatment of deferred exchanges

Providing that “ qualified intermediary is a person who—... (B) Enters into a written agreement with the taxpayer (the ‘exchange agreement’) and, as required by the exchange agreement, acquires the relinquished property from the taxpayer, transfers the relinquished property, acquires the replacement property, and transfers the replacement property to the taxpayer.”