Legal Opinion
United States v. McGinn
Court of Appeals for the Second Circuit
Decided May 22, 2015No. Nos. 13-3164-cr (L), 13-3202(CON), 13-3477(XAP), 13-3544(XAP)PublishedCited by 42 opinions
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
After trial in the Northern District of New York (Hurd, /.), a jury convicted Timothy M. McGinn and David L. Smith of various securities, mail, and wire fraud and tax charges. On appeal, McGinn and Smith challenge their convictions, principally contending that the government’s proof of criminal intent was insufficient. A key issue relates to the government’s allegedly improper use of a letter written by Smith a number of years before the events leading to the indictment. The defendants also challenge the legality of the court’s charge on the tax counts and…
2Cases cited33 opinions
- Cheek v. United StatesSupreme Court of the United States · 1991
- United States v. LaneSupreme Court of the United States · 1986
- United States v. CaveraCourt of Appeals for the Second Circuit · 2008
- United States v. PomponioSupreme Court of the United States · 1976
- United States v. RigasCourt of Appeals for the Second Circuit · 2009
28 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. Joseph Vincent JenkinsCourt of Appeals for the Second Circuit · 2017
- United States v. LitvakCourt of Appeals for the Second Circuit · 2015
- United States v. JonesCourt of Appeals for the Second Circuit · 2020
- United States v. LitvakCourt of Appeals for the Second Circuit · 2018
- United States v. DelvaCourt of Appeals for the Second Circuit · 2017
37 more not listed; retrieve them via the Exa API.