United States v. Joseph P. Ryan
Court of Appeals for the Second Circuit
Defendant-Appellant, Joseph P. Ryan, President of the International Longshoremen’s Association (hereafter called ILA) was indicted, under 29 U.S.C.A. § 186(b) and (d) — 61 Stat. 302(b) and (d) — on three counts, in that, on three separate occasions, he unlawfully, wil-fully and knowingly received sums in the aggregate of $2,500, from corporations employing members of the ILA. With the consent of defendant, the case was tried without a jury.
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Defendant-Appellant, Joseph P. Ryan, President of the International Longshoremen’s Association (hereafter called ILA) was indicted, under 29 U.S.C.A. § 186(b) and (d) — 61 Stat. 302(b) and (d) — on three counts, in that, on three separate occasions, he unlawfully, wil-fully and knowingly received sums in the aggregate of $2,500, from corporations employing members of the ILA. With the consent of defendant, the case was tried without a jury. There was evidence that, on three occasions during 1950 and 1951, when defendant was president of the ILA and its Atlantic Coast District, he was visited…
1Opinion of the Court
FRANK, Circuit Judge.
1. Defendant correctly asserts that there was no evidence of extortion (or the like). Accordingly, he argues thus: Previous to the enactment of Section 302 (b), extortion had already been covered by the so-called Anti-Racketeering Act, 18 U.S.C. § 1951; section 302(b) should not be construed to include the receipt of money or property, absent extortion, since then it would be, or come close to being, void for vagueness, and a court should, if possible, avoid an interpretation of a statute that would make it void or put it on the edge of the unconstitutional.
Defendant also…
2Cases cited1 opinion
- Jerome v. United StatesSupreme Court of the United States · 1943
3Cited by45 opinions
- United States v. RyanSupreme Court of the United States · 1956
- United States v. Salvatore AnnunziatoCourt of Appeals for the Second Circuit · 1961
- John Bowers, Etc. v. Ulpiano Casal, Inc.Court of Appeals for the First Circuit · 1968
- United States v. Vincent J. Ricciardi, United States of America v. Stanley M. UngerCourt of Appeals for the Second Circuit · 1966
- Culinary Workers & Bartenders Union v. Gateway Cafe, Inc.Washington Supreme Court · 1979
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