Legal Opinion

Fasulo v. United States

Supreme Court of the United States

Decided December 6, 1926No. 251PublishedCited by 101 opinions

1Opinion of the CourtJustice Butler

The petitioner, indicted with others in the Northern District of California, was convicted of conspiracy to violate § 215 of the Criminal Code. 35 Stat. 1088, 1130. The judgment was affirmed, 7 F. (2d) 961. And see Lupipparu v. United States, 5 F. (2d) 504.

The question for decision is whether the use of the mails for the purpose of obtaining money by means of threats of murder or bodily harm is a scheme to defraud within the meaning of that section. Petitioner contends that sending threatening letters for that purpose involves coercion and not fraud. The government insists that in a broad…

2Cases cited7 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Hammerschmidt v. United StatesSupreme Court of the United States · 1924
  3. United States v. LacherSupreme Court of the United States · 1890
  4. United States v. ChaseSupreme Court of the United States · 1890
  5. Horman v. United StatesCourt of Appeals for the Sixth Circuit · 1902

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

3Cited by101 opinions

  1. McNally v. United StatesSupreme Court of the United States · 1987
  2. Yates v. United StatesSupreme Court of the United States · 1957
  3. United States v. Joseph M. MargiottaCourt of Appeals for the Second Circuit · 1982
  4. United States v. RybickiCourt of Appeals for the Second Circuit · 2003
  5. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928

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

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