PRUDENTIAL INSURANCE CO. OF AMERICA

v.

SECURITIES AND EXCHANGE COMMISSION

Citator

Cited By (32 total)

• Ernst & Ernst v. Hochfelder, 425 U.S. 185 (U.S. 1976)
  …y the accountant’s certificate and the lawyer’s opinion can be instruments for inflicting pecuniary loss more potent than the chisel or the crowbar.” United States v. Benjamin, 328 F. 2d 854, 863 (CA2), cert. denied sub nom. Howard v. United States, 377 U. S. 953 (1964). In this light, the initial inquiry into whether Ernst & Ernst’s preparation and certification of the financial statements of First Securities Company of Chicago were negligent, because of the failure to perceive Nay’s extraordinary mail rule…
• United States v. Hoffa, 349 F.2d 20 (6th Cir. 1965)
  …al. Appellants contend that the Court should have determined as a matter of law whether there was proof aliunde of joint conspiracy instead of submitting it to the jury. They rely on Carbo v. United States, 314 F. 2d 718 (C.A. 9, 1963) cert. denied 377 U.S. 953, 84 S.Ct. 1626, 12 L.E.2d 498, and United States v. Dennis, 183 F. 2d 201 (C.A. 2, 1950) aff’d 341 U.S. 494, 71 S.Ct. 857, 95 L.Ed. 1137. The Court submitted the factual issue to the jury rather than determine it as a matter of law. United States v.…
• United States v. Fleishman, 684 F.2d 1329 (9th Cir. 1982)
  …States v. Testa, 548 F. 2d 847, 852 (9th Cir. 1977). The court, not the jury, determines the admissibility of coconspirator hearsay testi [*1338] mony. Federico, 658 F. 2d at 1342; Carbo v. United States, 314 F. 2d 718 (9th Cir. 1963), cert. denied, 377 U.S. 953, 84 S.Ct. 1625, 12 L.Ed.2d 498 (1964), reh. denied, 377 U.S. 1010, 84 S.Ct. 1902, 12 L.Ed.2d 1058 (1964). Before admitting such statements, this court requires substantial independent evidence of the existence of the conspiracy, and slight evidence…