Legal Opinion

United States v. Bertram L. Podell

Court of Appeals for the Second Circuit

Decided February 6, 1978No. 556, Docket 77-6107PublishedCited by 139 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Chief Judge:

Bertram L. Podell appeals a grant of summary judgment in favor of the United States in the government’s action to impose a constructive trust on monies Podell received in breach of his fiduciary duty as a United States Congressman. We reject Po-dell’s argument, for the reasons we shall set forth, that his reluctance in acknowledging the clear implications of his guilty plea to charges that he violated, and conspired to violate, the federal conflict of interest statute 1 creates any material issues of fact. Moreover, we find meritless his contention that the…

2Cases cited10 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. United States v. SummerlinSupreme Court of the United States · 1940
  3. Emich Motors Corp. v. General Motors Corp.Supreme Court of the United States · 1951
  4. United States v. CarterSupreme Court of the United States · 1910
  5. United States v. John Joseph FrankCourt of Appeals for the Second Circuit · 1974

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3Cited by139 opinions

  1. United States v. SatterfieldCourt of Appeals for the Eleventh Circuit · 1984
  2. Joseph Gelb v. Royal Globe Insurance CompanyCourt of Appeals for the Second Circuit · 1986
  3. Jeffrey Otherson v. Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1983
  4. Frank S. Dorman v. Michael HigginsCourt of Appeals for the Second Circuit · 1987
  5. United States v. Reginald J. HolzerCourt of Appeals for the Seventh Circuit · 1988

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