Section 80a-36 - Larceny and embezzlement

1 Analyses of this statute by attorneys

  1. A Second Bite at the Apple

    Kansas Federal Public DefenderMelody BrannonAugust 1, 2015

    The short, but very unsatisfactory answer, is usually “yes.” While Congress has specifically prohibited subsequent federal prosecutions after a state prosecution in a limited number of statutes (see 18 U.S.C. §§ 659, 660, 2101, 2117, 15 U.S.C. § 80a-36, 49 U.S.C. § 80501)), the Dual Sovereign Doctrine otherwise does not prevent a subsequent federal prosecution.The Tenth Circuit recently provided a succinct summary of why successive federal prosecutions are generally permissible in United States v. Roberto Miramontes Roman.There are some limits on successive prosecutions provided by the Petite Policy (see Petite v. United States, 361 U.S. 529 (1960), which generally prohibits a federal prosecution for acts prosecuted in another court, absent compelling federal interests. The Supreme Court discussed the Petite policy in Rinaldi v. United States, 434 U.S. 22 (1977).