Legal Opinion

United States v. Monjar

District Court, D. Delaware

Decided October 6, 1942No. 88PublishedCited by 20 opinions

1Opinion of the Court

LEAHY, District Judge.

Defendants have demurred to the indictment, which contains 25 counts. Counts 1 to 15 and 23 to 24 charge violations of the mail fraud statute, 18 U.S.C.A. § 338. Counts 16 to 22 charge violations of the fraud provisions of the Securities Act, 15 U.S.C.A. § 77q. Count 25 charges conspiracy to violate both statutes, 18 U.S.C.A. § 88.

The grounds of demurrer are divided into two groups. The first challenges the sufficiency of the mail fraud and Securities Act counts on the ground that the indictment fails to allege a scheme to defraud and false or otherwise unlawful…

2Cases cited36 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. Wong Tai v. United StatesSupreme Court of the United States · 1927
  3. United States v. LacherSupreme Court of the United States · 1890
  4. United States v. ChaseSupreme Court of the United States · 1890
  5. United States v. ResnickSupreme Court of the United States · 1936

31 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Paul E. McDaniel v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  2. United States v. Hon. John M. Cashin, United States District Judge for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1960
  3. Irwin Berko v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1963
  4. Securities and Exchange Commission v. AddisonDistrict Court, N.D. Texas · 1961
  5. United States v. GilletteCourt of Appeals for the Second Circuit · 1951

15 more not listed; retrieve them via the Exa API.

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