Legal Opinion

United States v. Sher, Michael

Court of Appeals for the Third Circuit

Decided October 6, 1981No. 81-1317PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Michael Sher was indicted by a grand jury in the Western District of Pennsylvania for a violation of 18 U.S.C. § 1014. 1 The indictment charged Sher with conducting a “check-kiting” scheme by depositing worthless checks in two different banks, alternatively covering each check with another worthless check drawn on his account in the other bank and taking advantage of the time lag necessary for clearance to “keep the kite afloat.” Sher moved before trial to dismiss the indictment, arguing that § 1014 does not prohibit the conduct alleged. The district court agreed and…

3Cases cited3 opinions

  1. United States v. Wilburn E. PayneCourt of Appeals for the Fifth Circuit · 1979
  2. United States v. PavlickDistrict Court, M.D. Pennsylvania · 1980
  3. United States v. SherDistrict Court, W.D. Pennsylvania · 1981

4Cited by5 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1982
  2. United States v. Richard Emerson Bonnette, Jr.Court of Appeals for the Fourth Circuit · 1986
  3. United States v. Kevin Krown, Maurice Benjamin, James Feeney, Henry Rosten, Roger Rosen and Anthony CostanzoCourt of Appeals for the Second Circuit · 1982
  4. United States v. Sher, MichaelCourt of Appeals for the Third Circuit · 1981
  5. Williams v. United StatesSupreme Court of the United States · 1982

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