Legal Opinion

United States v. Gerald N. Klauber

Court of Appeals for the Fourth Circuit

Decided November 29, 1979No. 78-5169PublishedCited by 62 opinions

1Opinion of the Court

MURNAGHAN, Circuit Judge:

Gerald N. Klauber was indicted on 26 counts under the mail fraud statute, 18 U.S.C. § 1341, and one count of racketeering under 18 U.S.C. § 1962. 1 Ten of the mail fraud counts were nolle prossed prior to trial. The jury found Klauber guilty on the sixteen remaining mail fraud counts and on the racketeering count.

The scheme or artifice to defraud and the pattern of racketeering activity asserted against Klauber grew out of his conduct as a partner in the law firm of Fine and Klauber, P.A. The evidence at trial permitted a jury conclusion that Klauber was engaged in a…

2Cases cited25 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Hoffman v. United StatesSupreme Court of the United States · 1951
  3. Douglas Oil Co. of Cal. v. Petrol Stops NorthwestSupreme Court of the United States · 1979
  4. Pittsburgh Plate Glass Co. v. United StatesSupreme Court of the United States · 1959
  5. Zicarelli v. New Jersey State Commission of InvestigationSupreme Court of the United States · 1972

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3Cited by62 opinions

  1. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1992
  3. Government of the Virgin Islands v. Glen Smith, Elton Rieara, Elvis Smith and Roland GeorgesCourt of Appeals for the Third Circuit · 1980
  4. United States v. HeldtCourt of Appeals for the D.C. Circuit · 1981
  5. United States v. Gordon PennellCourt of Appeals for the Sixth Circuit · 1984

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