25 Cited authorities

Blockburger v. United States
284 U.S. 299 (1932) Cited 9,765 times 19 Legal Analyses
Holding that the test for whether two offenses are distinct for double jeopardy purposes is "whether each provision requires proof of a fact which the other does not"
Pinkerton v. United States
328 U.S. 640 (1946) Cited 2,740 times 8 Legal Analyses
Holding one conspirator may be found guilty of foreseeable substantive offenses committed by his coconspirators in furtherance of the conspiracy
Toussie v. United States
397 U.S. 112 (1970) Cited 753 times 4 Legal Analyses
Holding that an offense is "continuing" for statute of limitations purposes when "the nature of the crime involved" requires as much, such as when the offense "clearly contemplates a prolonged course of conduct"
U.S. v. Stewart
433 F.3d 273 (2d Cir. 2006) Cited 331 times 1 Legal Analyses
Holding that the district court "did not err by failing to instruct the jurors that they must agree unanimously as to which theory of the offense . . . supported the verdict"
Curley v. United States
160 F.2d 229 (D.C. Cir. 1947) Cited 482 times
In Curley, Judge Prettyman offered an alternative formulation of this rule: "[T]o state it another way, if there is no evidence upon which a reasonable mind might fairly conclude guilt beyond reasonable doubt, the motion [for acquittal] must be granted."
United States v. Tobon-Builes
706 F.2d 1092 (11th Cir. 1983) Cited 93 times
Adopting "substance-over-form approach"
United States v. Shorter
809 F.2d 54 (D.C. Cir. 1987) Cited 78 times
Holding that a count implicating "an allegedly consistent, long-term pattern of conduct" is not duplicitous
U.S. v. Grenier
513 F.3d 632 (6th Cir. 2008) Cited 35 times 1 Legal Analyses
Finding meritless an argument that because an agency could not take a particular action, it lacked "jurisdiction," as that term is used in § 1001
U.S. v. Bruce
89 F.3d 886 (D.C. Cir. 1996) Cited 48 times
Holding that an act that could be viewed as an independent execution of a common scheme need not be charged in a separate count to avoid duplicity
U.S. v. Mermelstein
487 F. Supp. 2d 242 (E.D.N.Y. 2007) Cited 27 times
Finding health care fraud to be a continuing offense
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,367 times 304 Legal Analyses
Making false statements
Section 1035 - False statements relating to health care matters
18 U.S.C. § 1035 Cited 430 times 13 Legal Analyses
Making it illegal to "knowingly and willfully " engage in certain designated deceptive activities in connection with the payment for health care benefits

USA v. Stevens

25 Cited authorities

Holding that the test for whether two offenses are distinct for double jeopardy purposes is "whether each provision requires proof of a fact which the other does not"

Holding one conspirator may be found guilty of foreseeable substantive offenses committed by his coconspirators in furtherance of the conspiracy

Holding that an offense is "continuing" for statute of limitations purposes when "the nature of the crime involved" requires as much, such as when the offense "clearly contemplates a prolonged course of conduct"

Holding that the district court "did not err by failing to instruct the jurors that they must agree unanimously as to which theory of the offense . . . supported the verdict"

In Curley, Judge Prettyman offered an alternative formulation of this rule: "[T]o state it another way, if there is no evidence upon which a reasonable mind might fairly conclude guilt beyond reasonable doubt, the motion [for acquittal] must be granted."

Adopting "substance-over-form approach"

Holding that a count implicating "an allegedly consistent, long-term pattern of conduct" is not duplicitous

Finding meritless an argument that because an agency could not take a particular action, it lacked "jurisdiction," as that term is used in § 1001

Holding that an act that could be viewed as an independent execution of a common scheme need not be charged in a separate count to avoid duplicity

Finding health care fraud to be a continuing offense

Making false statements

Making it illegal to "knowingly and willfully " engage in certain designated deceptive activities in connection with the payment for health care benefits