KOVEN

v.

UNITED STATES; DONEGAN V. SAME; AND DILLIARD V. SAME

Citator

Cited By (16 total)

• Parrish v. Bd. OF Comm'rs OF the Ala. State BAR, 524 F.2d 98 (5th Cir. 1975)
  …, 406 U.S. 976, 92 S.Ct. 2411, 32 L.Ed.2d 676 (1972);6 Mirra v. United States, 379 F. 2d 782, 787-88 (2d Cir.), cert. denied, 389 U.S. 1022, 88 S.Ct. 593, 19 L.Ed.2d 667 (1967); Ryan v. United States, 99 F. 2d 864, 871 (8th Cir. 1938), cert. denied, 306 U.S. 635, 59 S.Ct. 484, 83 L.Ed. 1037 (1939). I am all but convinced that if faced with the facts of Berger today the Supreme Court would decide it otherwise. Being so persuaded, I would not lightly expose our circuit to such risks of wholesale disruption…
• United States v. Mortimer, 118 F.2d 266 (2d Cir. 1941)
  …ese facts alone would be sufficient to justify an inference that he was not unaware of practices so customary as those demonstrated, or conditions of such general significance. United States v. Dilliard, 2 Cir., 101 F. 2d 829, 835, certiorari denied 306 U.S. 635, 59 S.Ct. 484, 83 L.Ed. 1036; United States v. Bob, 2 Cir., 106 F. 2d 37, 40, 125 A.L.R. 502, certiorari denied 308 U.S. 589, 60 S.Ct. 115, 84 L.Ed. 493. But there is much direct evidence of his active participation, so much, indeed, that the questi…
• United States v. Amrep Corp., 560 F.2d 539 (2d Cir. 1977)
  …to defraud does not ipso facto make participants of its officers. Prerequisite to such a finding is proof that the officers were “conscious promoters” of the illicit scheme. United States v. Dilliard, 101 F. 2d 829, 834 (2d Cir. 1938), cert. denied, 306 U.S. 635, 59 S.Ct. 484, 83 L.Ed. 1036 (1939). Where, however, the prosecution introduces evidence of active and knowing participation by corporate officers, they are equally liable with the corporation. United States v. Kyle, 257 F. 2d 559, 562-63 (2d Cir.…