United States v. Turoff
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
GLASSER, District Judge:
Defendants have moved to dismiss the indictment in this case on the ground that, under the holding in McNally v. United States, 483 U.S. 350, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987), it fails to allege a violation of the mail fraud statute, 18 U.S.C. § 1341.
For the reasons stated below, defendants’ motion is denied.
FACTS
The superseding indictment in this case charges that, between September 1980 and March 1986, defendants conspired
to use the mails and to cause the use of the mails for the purposes of executing a scheme and artifice:(a) to defraud the…
2Cases cited30 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. LeonSupreme Court of the United States · 1984
- Jones v. United StatesSupreme Court of the United States · 1960
- Bell v. BursonSupreme Court of the United States · 1971
- Gibson v. BerryhillSupreme Court of the United States · 1973
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3Cited by21 opinions
- Mylan Laboratories, Inc. v. Akzo, N.V.District Court, D. Maryland · 1991
- United States v. BucuvalasCourt of Appeals for the First Circuit · 1992
- United States v. Gilberto MartinezCourt of Appeals for the Third Circuit · 1990
- United States v. ShottsCourt of Appeals for the Eleventh Circuit · 1998
- Corcoran v. American Plan Corp.Court of Appeals for the Second Circuit · 1989
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