105 Cited authorities

Duncan v. Walker
533 U.S. 167 (2001) Cited 5,494 times 8 Legal Analyses
Holding that the statute of limitations is not tolled during the pendancy of a federal petition
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,470 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Hamling v. United States
418 U.S. 87 (1974) Cited 3,366 times 1 Legal Analyses
Holding that statutory language in an indictment “must be accompanied with ... the facts and circumstances as will inform the accused of the specific offence” and “enable him to plead an acquittal or conviction in bar of prosecution for the same offense”
Salinas v. United States
522 U.S. 52 (1997) Cited 1,213 times 11 Legal Analyses
Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Lexecon Inc. v. Milberg Weiss Bershad Hynes Lerach
523 U.S. 26 (1998) Cited 854 times 9 Legal Analyses
Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial
Smith v. United States
568 U.S. 106 (2013) Cited 372 times 5 Legal Analyses
Holding that a criminal defendant has the burden to establish an affirmative defense
United States v. United States Gypsum Co.
438 U.S. 422 (1978) Cited 975 times 16 Legal Analyses
Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”
Leary v. United States
395 U.S. 6 (1969) Cited 1,287 times 6 Legal Analyses
Holding the same with respect to conviction of a natural-person taxpayer for violating a marijuana tax law that obligated the taxpayer to file a written order form with the IRS detailing the amount of marijuana received
Cleveland v. Caplaw Enters.
448 F.3d 518 (2d Cir. 2006) Cited 962 times 2 Legal Analyses
Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings
Pasquantino v. U.S.
544 U.S. 349 (2005) Cited 273 times 5 Legal Analyses
Holding that "[v]aluable entitlement" to be paid taxes is property
Section 2 - Principals
18 U.S.C. § 2 Cited 23,936 times 57 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,549 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,768 times 65 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,354 times 142 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
Section 848 - Continuing criminal enterprise
21 U.S.C. § 848 Cited 4,072 times 30 Legal Analyses
Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
Section 78m - Periodical and other reports
15 U.S.C. § 78m Cited 1,206 times 84 Legal Analyses
Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer
Section 78dd-1 - Prohibited foreign trade practices by issuers
15 U.S.C. § 78dd-1 Cited 142 times 118 Legal Analyses
Making it unlawful for any securities issuer or its officer to bribe a foreign official
Section 78dd-2 - Prohibited foreign trade practices by domestic concerns
15 U.S.C. § 78dd-2 Cited 106 times 58 Legal Analyses
Defining “foreign official” as “any officer or employee of a foreign government or any ... instrumentality thereof”
Section 3292 - Suspension of limitations to permit United States to obtain foreign evidence
18 U.S.C. § 3292 Cited 88 times 4 Legal Analyses
Empowering the district courts to suspend statutes of limitations during the time required for the United States to gather evidence from foreign countries
Section 1504 - Influencing juror by writing
18 U.S.C. § 1504 Cited 28 times 1 Legal Analyses
Declaring that attempting to contact a juror in writing is a separate crime

USA v. Pierucci et al

105 Cited authorities

Holding that the statute of limitations is not tolled during the pendancy of a federal petition

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that statutory language in an indictment “must be accompanied with ... the facts and circumstances as will inform the accused of the specific offence” and “enable him to plead an acquittal or conviction in bar of prosecution for the same offense”

Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial

Holding that a criminal defendant has the burden to establish an affirmative defense

Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”

Holding the same with respect to conviction of a natural-person taxpayer for violating a marijuana tax law that obligated the taxpayer to file a written order form with the IRS detailing the amount of marijuana received

Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings

Holding that "[v]aluable entitlement" to be paid taxes is property

Holding aiders and abettors punishable as principals under federal criminal law

Requiring proof of an "act to effect the object of the conspiracy"

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

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

Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"

Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer

Making it unlawful for any securities issuer or its officer to bribe a foreign official

Defining “foreign official” as “any officer or employee of a foreign government or any ... instrumentality thereof”

Empowering the district courts to suspend statutes of limitations during the time required for the United States to gather evidence from foreign countries

Declaring that attempting to contact a juror in writing is a separate crime