United States v. Cutajar
U.S. Circuit Court for the District of Southern New York
This is an indictment against William Cuta jar for violating seo.tion 9 of the customs administrative act of June 10, 1890, by making an entry of imported cheese by means of a false invoice and other papers. Heard on demurrer to the-indictment.
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This is an indictment against William Cuta jar for violating seo.tion 9 of the customs administrative act of June 10, 1890, by making an entry of imported cheese by means of a false invoice and other papers. Heard on demurrer to the-indictment. The section in question reads as follows: “That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by moans of any false or fraudulent practice or…
1Opinion of the Court
BENEDICT, District Judge.
This case comes before the court on a demurrer to an indictment found under section 9 Of the customs administrative act of June 10, 1890, in which tho accused is charged with making an entry of imported cheese by means of a. false, invoice and other papers described.
Two points have been presented for the determination of the court. The first- is •whether the loss of lawful duties on the merchandise is a necessary element of the crime created by section 9. In my opinion it is not. As I read the statute, the words, “by means whereof the United States shall be deprived…
2Cited by8 opinions
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- United States v. Matthew YipCourt of Appeals for the Second Circuit · 1991
- United States v. 1,250 Cases of LiquorDistrict Court, S.D. New York · 1922
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- United States v. DixonDistrict Court, S.D. New York · 1934
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