§Why CasetextPricing

USA v. Devos Ltd. et al

Memorandum Of Law, In Support Defendants' Pretrial Omnibus Motions as to DEVOS LTD., DEAN VOLKES, DONNA FALLON Redacted For Public Filing In Accordance With The Court's Order 104 .

115 Cited authorities

  1. Illinois v. Gates

    462 U.S. 213 (1983)   Cited 19,023 times   28 Legal Analyses
    Holding that a warrant may issue only when probable cause exists under the "totality-of-the-circumstances"

  2. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,669 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  3. Franks v. Delaware

    438 U.S. 154 (1978)   Cited 11,271 times   33 Legal Analyses
    Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing

  4. Giglio v. United States

    405 U.S. 150 (1972)   Cited 12,275 times   29 Legal Analyses
    Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"

  5. Groh v. Ramirez

    540 U.S. 551 (2004)   Cited 1,868 times   9 Legal Analyses
    Holding that a warrant did not incorporate the supporting affidavit by "recit[ing] that the Magistrate was satisfied the affidavit established probable cause to believe that contraband was concealed on the premises"

  6. Nixon v. Warner Communications, Inc.

    435 U.S. 589 (1978)   Cited 6,048 times   9 Legal Analyses
    Holding that "business information that might harm a litigant's competitive standing" can constitute a sufficient reason to preserve records under seal

  7. Coolidge v. New Hampshire

    403 U.S. 443 (1971)   Cited 7,824 times   13 Legal Analyses
    Holding that police who obtained evidence voluntarily from a suspect's wife did not need a search warrant because the officers exerted no effort to coerce or dominate her and were not obligated to refuse her offer to take the evidence

  8. Mapp v. Ohio

    367 U.S. 643 (1961)   Cited 8,315 times   22 Legal Analyses
    Holding that the exclusionary rule under the Fourth Amendment applies to the States, and overruling the contrary rule of Wolf v. Colorado , 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782, after considering and rejecting "the current validity of the factual grounds upon which Wolf was based"

  9. Press-Enterprise Co. v. Superior Court of California

    464 U.S. 501 (1984)   Cited 1,767 times   10 Legal Analyses
    Holding that media have a right of access to voir dire

  10. Richmond Newspapers, Inc. v. Virginia

    448 U.S. 555 (1980)   Cited 1,650 times   12 Legal Analyses
    Holding that criminaltrials must be open to the public

  11. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,868 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  12. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,499 times   140 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

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

    Fed. R. Evid. 801   Cited 19,157 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,429 times   104 Legal Analyses
    Relating to mail fraud

  15. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,011 times   171 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  16. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,328 times   141 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  17. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,347 times   303 Legal Analyses
    Making false statements

  18. Section 3500 - Demands for production of statements and reports of witnesses

    18 U.S.C. § 3500   Cited 5,376 times   6 Legal Analyses
    Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

  19. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 5,173 times   41 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

  20. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,363 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "

  21. Section 50.9 - Policy with regard to open judicial proceedings

    28 C.F.R. § 50.9   Cited 32 times
    Reciting "the vital public interest in open judicial proceedings" and stating the policy that DOJ counsel "shall not move for or consent to closure of a proceeding" unless "[n]o reasonable alternative exists for protecting the interests at stake" and "[f]ailure to close the proceedings will produce . . . substantial likelihood of denial of the right . . . to a fair trial"