Legal Opinion

United States v. Brennan

District Court, E.D. New York

Decided May 1, 1996No. CR-95-0420 (CPS)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

This is a prosecution against United States Aviation Underwriters, Inc. (USAU) and its former president and CEO, John Brennan, on 43 separate counts of mail fraud under 18 U.S.C. § 1341. The defendants have jointly moved for dismissal of the indictment on the grounds that the prosecution involves an extension of the mail fraud statute into an area that has been pre-empted by the MeCarranFerguson Act, that the prosecution is barred by the statute of limitations, that the indictment fails to allege the elements of mail fraud, and that it is the product of…

2Cases cited68 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Fisher v. United StatesSupreme Court of the United States · 1976
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. McNally v. United StatesSupreme Court of the United States · 1987
  5. Schmuck v. United StatesSupreme Court of the United States · 1989

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3Cited by8 opinions

  1. Dornberger v. Metropolitan Life InsuranceDistrict Court, S.D. New York · 1997
  2. United States v. BrennanCourt of Appeals for the Second Circuit · 1999
  3. Ormond v. ANTHEM, INC.District Court, S.D. Indiana · 2011
  4. Lorentzen v. CurtisDistrict Court, S.D. New York · 1998
  5. United States v. AllenDistrict Court, S.D. New York · 2016

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