Legal Opinion
United States v. Wilburn E. Payne
Court of Appeals for the Fifth Circuit
Decided September 24, 1979No. 78-3735PublishedCited by 22 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This appeal presents the question whether “check kiting” 1 violates 18 U.S.C. § 1014. We hold that it does. After a hearing in which the government proffered detailed proof of what its evidence would show if the case were allowed to go to trial, the district court dismissed the indictment on the ground that check kiting does not violate 18 U.S.C. § 1014. We reverse.
I
Section 1014 of Title 18 U.S.C. in pertinent part provides:
Whoever knowingly makes any false statement or . willfully overvalues any . . property or security, for the purpose of influencing in any way the…
2Cases cited7 opinions
- United States v. Glen M. StoddartCourt of Appeals for the Tenth Circuit · 1978
- United States v. Peter SabatinoCourt of Appeals for the Second Circuit · 1973
- The Fidelity and Casualty Company of New York, a Corporation v. Bank of AltenburgCourt of Appeals for the Eighth Circuit · 1954
- United States v. Robert Everett Huntley and Gipson F. HemphillCourt of Appeals for the Fifth Circuit · 1976
- Universal C.I.T. Credit Corp. v. Guaranty Bank & Trust Co.District Court, D. Massachusetts · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Williams v. United StatesSupreme Court of the United States · 1982
- United States v. Douglas James HordCourt of Appeals for the Fifth Circuit · 1993
- United States v. Ray Dell DevollCourt of Appeals for the Fifth Circuit · 1994
- United States v. Majed Ahmad KhamisCourt of Appeals for the Fifth Circuit · 1982
- United States v. Pinto, Biagio A/K/A Bob PintoCourt of Appeals for the Third Circuit · 1981
17 more not listed; retrieve them via the Exa API.