§Why CasetextPricing

USA v. Pacific Gas and Electric Company

MOTION to Dismiss for Failure to State an Offense: Count One

64 Cited authorities

  1. Skilling v. U.S.

    561 U.S. 358 (2010)   Cited 1,657 times   57 Legal Analyses
    Holding that Hedgpeth's harmless-error approach applies on direct appeal

  2. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,763 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  3. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,048 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  4. Chicago v. Morales

    527 U.S. 41 (1999)   Cited 1,306 times   3 Legal Analyses
    Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge

  5. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 838 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

  6. Ratzlaf v. United States

    510 U.S. 135 (1994)   Cited 904 times   11 Legal Analyses
    Holding that, "[t]o establish that a defendant `willfully violated]' the antistructuring law, the Government must prove that the defendant acted with knowledge that his conduct was unlawful," and stating that "pecific intent to commit the crime . . . might be negated by, e.g., proof that defendant relied in good faith on advice of counsel"

  7. Arthur Andersen v. U. S

    544 U.S. 696 (2005)   Cited 310 times   9 Legal Analyses
    Holding that a conviction for obstruction of justice requires "requires proof of nexus between corrupt persuasion and particular proceeding."

  8. 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"

  9. Connally v. General Const. Co.

    269 U.S. 385 (1926)   Cited 2,761 times   6 Legal Analyses
    Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”

  10. U.S. v. MacPherson

    424 F.3d 183 (2d Cir. 2005)   Cited 152 times   1 Legal Analyses
    Holding that "evidence sufficient to establish willful illegality necessarily support[ed] lesser scienter requirement"

  11. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,343 times   303 Legal Analyses
    Making false statements

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

    18 U.S.C. § 1512   Cited 4,358 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "

  13. Section 1503 - Influencing or injuring officer or juror generally

    18 U.S.C. § 1503   Cited 2,513 times   17 Legal Analyses
    Relating to obstruction of justice

  14. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,538 times   12 Legal Analyses
    Criminalizing perjury

  15. Section 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

    18 U.S.C. § 1519   Cited 781 times   38 Legal Analyses
    Prohibiting the making of a false entry in a record with the intent to influence the administration of a bankruptcy proceeding

  16. Section 504 - Costs and fees of parties

    5 U.S.C. § 504   Cited 648 times   5 Legal Analyses
    Authorizing payment of attorney's fees by the Government when a party prevails in a federal agency adjudication

  17. Section 1505 - Obstruction of proceedings before departments, agencies, and committees

    18 U.S.C. § 1505   Cited 603 times   20 Legal Analyses
    Providing criminal punishment for person who corruptly obstructs or endeavors to obstruct "due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States"

  18. Section 5322 - Criminal penalties

    31 U.S.C. § 5322   Cited 409 times   18 Legal Analyses
    Penalizing willful violations of subchapter

  19. Section 1515 - Definitions for certain provisions; general provision

    18 U.S.C. § 1515   Cited 331 times   3 Legal Analyses
    Defining "corruptly . . . [a]s used in section 1505"

  20. Section 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts

    49 U.S.C. § 1154   Cited 82 times   5 Legal Analyses

    (a) IN GENERAL.- (1) Except as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain- (A) any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; (B) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and (C) a cockpit or surface

  21. Section 835.3 - Scope of permissible testimony

    49 C.F.R. § 835.3   Cited 25 times   1 Legal Analyses
    Recognizing "Congress's strong desire to keep the Board free of the entanglement of [lawsuits]"

  22. Section 831.4 - Nature of investigation

    49 C.F.R. § 831.4   Cited 14 times   1 Legal Analyses

    (a)General. The NTSB conducts investigations, or has them conducted, to determine the facts, conditions, and circumstances relating to an accident. The NTSB uses these results to determine one or more probable causes of an accident, and to issue safety recommendations to prevent or mitigate the effects of a similar accident. The NTSB is required to report on the facts and circumstances of accidents it investigates. The NTSB begins an investigation by monitoring the situation and assessing available

  23. Section 831.11 - Parties to the investigation

    49 C.F.R. § 831.11   Cited 10 times   2 Legal Analyses
    Requiring parties to sign the "Statement of Party Representatives to NTSB Investigation" in order to participate in the investigation

  24. Section 800.3 - Functions

    49 C.F.R. § 800.3   Cited 7 times

    (a) The primary function of the Board is to promote safety in transportation. The Board is responsible for the investigation, determination of facts, conditions, and circumstances and the cause or probable cause or causes of: (1) All accidents involving civil aircraft, and certain public aircraft; (2) Highway accidents, including railroad grade-crossing accidents, the investigation of which is selected in cooperation with the States; (3) Railroad accidents in which there is a fatality, substantial

  25. Section 831.9 - Authority during investigations

    49 C.F.R. § 831.9   Cited 6 times   1 Legal Analyses

    (a)General authority of investigators. To carry out the statutory responsibilities of the agency, an NTSB investigator may- (1) Conduct hearings; (2) Administer oaths; (3) Require, by subpoena or otherwise, the production of evidence and witnesses; (4) Enter any property where an accident subject to the NTSB's jurisdiction has occurred, or wreckage from any such accident is located, and take all actions necessary to conduct a complete investigation of the accident; (5) Inspect, photograph, or copy

  26. Section 831.12 - Access to and release of wreckage, records, mail, and cargo

    49 C.F.R. § 831.12   Cited 5 times

    (a) Only persons authorized by the NTSB IIC may be permitted access to wreckage, records, mail, or cargo. (b) Wreckage, records, mail, and cargo in the NTSB's custody will be released when the NTSB determines it has no further need for such items. Recipients of released wreckage must sign an acknowledgement of release provided by the NTSB. 49 C.F.R. § 831.12 62 FR 3808, 1/27/1997; 82 FR 29685, 7/31/2017

  27. Section 800.2 - Organization

    49 C.F.R. § 800.2   Cited 1 times

    The Board consists of five Members appointed by the President with the advice and consent of the Senate. One of the Members is designated by the President as Chairman with the advice and consent of the Senate and one as Vice Chairman. The Members exercise various functions, powers, and duties set forth in 49 U.S.C. chapter 11. The Board is an independent agency of the United States. More detailed descriptions of the Board and its work are contained in other parts of this chapter VIII, notably parts

  28. Section 801.32 - Accident reports

    49 C.F.R. § 801.32

    (a) The NTSB will report the facts, conditions, circumstances, and its determination of the probable causes of U.S. civil transportation accidents, in accordance with 49 U.S.C. 1131(e) . (b) These reports will be made available on the NTSB electronic reading room. 49 C.F.R. § 801.32 82 FR 58356, 12/12/2017; as amended at 86 FR 74378, 12/30/2021

  29. Section 845.2 - Investigative hearings

    49 C.F.R. § 845.2

    Investigative hearings are convened to assist the NTSB in further developing the facts, conditions, and circumstances of the transportation accident or incident, which will ultimately assist the Board in determining the cause or probable cause of the accident or incident, and in ascertaining measures that will tend to prevent such accidents or incidents and promote transportation safety. Investigative hearings are fact-finding proceedings with no adverse parties. They are not subject to the provisions