Conspiracy To Defraud The United States
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Conspiracy To Defraud The United States
Conspiracy against the United States, or conspiracy to defraud the United States,§ 92318 U.S.C. § 371—Conspiracy to Defraud the United States U.S. Department of Justice's ''United States Attorneys' Manual''. is a federal offense in the United States of America under . The crime is that of two or more persons who conspire to commit an offense against the United States, or to defraud the United States. Statute provides that: History and interpretation In the 1924 case '' Hammerschmidt v. United States'', the Supreme Court of the United States, in an opinion authored by Chief Justice William Howard Taft, held that "To conspire to defraud the United States means primarily to cheat the government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest."Hammerschmidt v. United States', 265 U.S. 182 (1924). The U.S. Department of Justice's ''United S ...
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United States Attorneys' Manual
The ''Justice Manual'' (known before 2018 as the ''United States Attorneys' Manual'') is a looseleaf text designed as a quick and ready reference for United States Attorneys and other employees of the United States Department of Justice responsible for the prosecution of violations of federal law. It contains general policies and guidance relevant to the work of the United States Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice. The ''Manual'' is an internal document of the Department of Justice, and as such, does not have the force of law. It is updated periodically in much the same way as commercial looseleaf services are. New hard copies of the manual are issued annually to the department's attorneys. It is also available online. History The last comprehensive update of the manual was in 2018, the first major revision in more than two decades.
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Volkswagen Emissions Scandal
The Volkswagen emissions scandal, sometimes known as Dieselgate or Emissionsgate, began in September 2015, when the United States Environmental Protection Agency (EPA) issued a notice of violation of the Clean Air Act to German automaker Volkswagen Group. The agency had found that Volkswagen had intentionally programmed turbocharged direct injection (TDI) diesel engines to activate their emissions controls only during laboratory emissions testing, which caused the vehicles' output to meet US standards during regulatory testing. However, the vehicles emitted up to 40 times more in real-world driving. Volkswagen deployed this software in about 11 million cars worldwide, including 500,000 in the United States, in model years 2009 through 2015. Background Introduction In 2014, the California Air Resources Board (CARB) commissioned a study from the International Council on Clean Transportation (ICCT) on emissions discrepancies between European and US models of vehicles, ...
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Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-conspira ...
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Cheating The Public Revenue
At law, cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute. In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in ''R v Sinclair'' that " cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby". Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice. Definition In ...
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Yale Law Journal
The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one of the most cited legal publications in the United States (with an impact factor of 5.000) and usually generates the highest number of citations per published article.Law journals' ranking
Washington & Lee Law School. The journal, which is published eight times per year, contains articles, essays, features, and book reviews by professional legal scholars as well as student-written notes and comments. It is edited ...
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Witness Tampering
Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty faced by prosecutors; witness protection programs were one response to this problem. United States In the United States, the federal crime of witness tampering is defined by statute at , which is entitled "tampering with a witness, victim, or an informant." The statute is broad; the '' Justice Manual'' notes that it "proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings or the communication of information to Federal law enforcement officers" and applies to tampering with witnesses in "proceedings before Congress, executive departments, and administrative agencies, and to civil and criminal judicial proceedings, including grand jury proceedings." Witness tampering is a crime even if a ...
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Making False Statements
Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent.Lauren C. HennesseyNo Exception for No: Rejection of the Exculpatory No Doctrine ''Journal of Criminal Law & Criminology'', Vol. 89 (spring 1998). A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Michael T. Flynn, Rick Gates, Scooter Libby, Bernard Madoff, and Jeffrey Skilling. This statute is used in many contexts. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of justice and government fraud cases. Its earliest progenitor was the Fa ...
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Robert Mueller
Robert Swan Mueller III (; born August 7, 1944) is an American lawyer and government official who served as the sixth director of the Federal Bureau of Investigation (FBI) from 2001 to 2013. A graduate of Princeton University and New York University, Mueller served as a Marine Corps officer during the Vietnam War, receiving a Bronze Star for heroism and a Purple Heart. He subsequently attended the University of Virginia School of Law. Mueller is a registered Republican in Washington, D.C., and was appointed and reappointed to Senate-confirmed positions by presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama. Mueller has served both in government and private practice. He was an assistant United States attorney, a United States attorney, United States assistant attorney general for the Criminal Division, a homicide prosecutor in Washington, D.C., acting United States deputy attorney general, partner at D.C. law firm WilmerHale and director of the FB ...
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2017 Special Counsel Investigation
The Mueller special counsel investigation was an investigation into Russian interference in the 2016 United States elections, links between associates of Donald Trump and Russian officials, and possible obstruction of justice by Trump and his associates. The investigation was conducted by special prosecutor Robert Mueller from May 2017 to March 2019. It was also called the Russia investigation, the Mueller probe, and the Mueller investigation. The Mueller investigation culminated with the Mueller report, which concluded that though the Trump campaign welcomed Russian interference and expected to benefit from it, there was insufficient evidence of a criminal conspiracy to charge Trump. The report did not reach a conclusion about possible obstruction of justice of Trump, citing a Justice Department guideline that prohibits the federal indictment of a sitting president. The investigation resulted in charges against 34 individuals and 3 companies, 8 guilty pleas, and a conviction ...
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Rick Gates (political Consultant)
Richard William Gates III (born April 27, 1972) is an American former political consultant and lobbyist who pleaded guilty to conspiracy against the United States for making false statements in the investigation into Russian interference in the 2016 United States elections. He is a longtime business associate of Paul Manafort and served as deputy to Manafort when the latter was campaign manager of the Donald Trump presidential campaign in 2016, and after under Kellyanne Conway. Gates and Manafort were both indicted in October 2017 on charges related to their consultation work with pro-Russian political figures in Ukraine. Additional charges were filed in District Court for the Eastern District of Virginia on February 21, 2018, however these charges were withdrawn on February 27, 2018, without prejudice, as agreed to in his plea bargain with Special Counsel Robert S. Mueller III. On December 17, 2019, Gates was sentenced to 45 days' jail and three years of probation. Early life ...
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Paul Manafort
Paul John Manafort Jr. (; born April 1, 1949) is an American lobbyist, political consultant, and attorney. A long-time Republican Party campaign consultant, he chaired the Trump presidential campaign from June to August 2016. Manafort served as an adviser to the U.S. presidential campaigns of Republicans Gerald Ford, Ronald Reagan, George H. W. Bush, and Bob Dole. In 1980, he co-founded the Washington, D.C.–based lobbying firm Black, Manafort & Stone, along with principals Charles R. Black Jr. and Roger J. Stone, joined by Peter G. Kelly in 1984. Manafort often lobbied on behalf of foreign leaders such as former President of Ukraine Viktor Yanukovych, former dictator of the Philippines Ferdinand Marcos, former dictator of Zaire Mobutu Sese Seko, and Angolan guerrilla leader Jonas Savimbi. Lobbying to serve the interests of foreign governments requires registration with the Justice Department under the Foreign Agents Registration Act (FARA); on June 27, 2017, he retro ...
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Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pennsylvania with a bachelor's degree in 1968. He became president of his father's real estate business in 1971 and renamed it The Trump Organization. He expanded the company's operations to building and renovating skyscrapers, hotels, casinos, and golf courses. He later started side ventures, mostly by licensing his name. From 2004 to 2015, he co-produced and hosted the reality television series ''The Apprentice (American TV series), The Apprentice''. Trump and his businesses have been involved in more than 4,000 state and federal legal actions, including six bankruptcies. Trump's political positions have been described as populist, protectionist, isolationist, and nationalist. He won the 2016 United States presidential election as the Repu ...
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