SHUSHAN
v.
UNITED STATES; NEWMAN ET AL. V. UNITED STATES; MILLER V. UNITED STATES; AND WAGUESPACK V. UNITED STATES

U.S. | 1941-05-12
Nos. 910; No. 911; No. 912; No. 913
Me. Justice Muephy took no part in the consideration and decision of these applications.
313 U.S. 574 Supreme Court of the United States (1941) Negative Treatment
Cited by 34 cases

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Cited By (33 total)

  • United States v. Bohonus, 628 F.2d 1167 (9th Cir. 1980)
    …d for making a decision while purporting to be exercising his independent discretion. The fraud element is therefore satisfied. United States v. Mandel, supra, 591 F. 2d at 1362-63; Shushan v. United States, 117 F. 2d 110,115 (5th Cir.), cert. den., 313 U.S. 574, 61 S.Ct. 1085, 85 L.Ed. 1531 (1941); United States v. Brown, 540 F. 2d 364, 374 (8th Cir. 1976). A public official’s non-disclosure of material information has also been held to satisfy the fraud element. In United States v. Bush, 522 F. 2d 641 (7…
  • United States v. George, 477 F.2d 508 (7th Cir. 1973)
    …rauded.” Contrary to defendants’ contentions, the evidence hardly shows that it was impossible for Yonan to exercise favoritism toward Greensphan. As the Court noted in Shushan v. United States, 117 F. 2d 110, 115 (5th Cir. 1941), certiorari denied, 313 U.S. 574, 61 S.Ct. 1085, 85 L.Ed. 1531: “The fact that the official who is bribed is only one of several and could not award the contract by himself does not change the character of the scheme where he is expected to have influence enough to secure the end i…
  • United States v. States, 488 F.2d 761 (8th Cir. 1973)
    …se. Initially, it should be noted that the concept of fraud in § 1341 is to be construed very broadly. Durland v. United States, 161 U.S. 306, 16 S.Ct. 508, 40 L.Ed. 709 (1896); Shushan v. United States, 117 F. 2d 110, 115 (5th Cir.), cert. denied, 313 U.S. 574, 61 S.Ct. 1085, 85 L.Ed. 1531 (1941); Gouled v. United States, 273 F. 506, 508 (2d Cir. 1921), where the court stated: “As it now stands, any kind or species of scheme or artifice to defraud is punishable in the national courts, if and whenever for…

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