ACCARDI

v.

UNITED STATES

Citator

Cited By (28 total)

• In re Japanese Elec. Prods. Antitrust Litig. (D.C. MDL No. 189). Zenith Radio Corp. v. Matsushita Elec. Indus. Co., Ltd., 723 F.2d 238 (3d Cir. 1983)
  …See also, United States v. Mendoza, 473 F. 2d 692, 695 (5th Cir.1972) (coconspirator exception applicable to criminal prosecutions and not limited to prosecutions for conspiracy); United States v. Accardi, 342 F. 2d 697, 700 (2d Cir.), cert. denied, 382 U.S. 954, 86 S.Ct. 426, 15 L.Ed.2d 359 (1965). The reasoning of these cases suggests that if, for example, a price fixing conspiracy in Japan were to be found by a preponderance of independent evidence, the statements of any of its members made in furthera…
• United States v. Ragland, 375 F.2d 471 (2d Cir. 1967)
  …. 680 (1942), and equally clear that once some conspiracy, agency, or concert of action is independently shown, Lutwak v. United States, 344 U.S. 604, 73 S.Ct. 481, 97 L.Ed. 593 (1953), United States v. Accardi, 342 F. 2d 697 (2 Cir.), cert. denied, 382 U.S. 954, 86 S.Ct. 426, 15 L.Ed.2d 359 (1965), hearsay statements made in furtherance of such relationship, United States v. [*477] Krulewitch, 336 U.S. 440, 69 S.Ct. 716, 93 L.Ed. 790 (1949), are admissible. However, the independent evidence need not, as a…
• United States v. Vasquez, 638 F.2d 507 (2d Cir. 1980)
  …g of consent in circumstances where officers stated that they could apply for a warrant and would “no doubt” obtain one. United States v. Faruolo, 506 F. 2d 490 (2d Cir. 1974); see United States v. Bracer, 342 F. 2d 522, 525 (2d Cir.), cert. denied, 382 U.S. 954, 86 S.Ct. 427, 15 L.Ed.2d 359 (1965) (“ ‘the consent was with knowledge that the agents could and would obtain a warrant’ ”). In Faruolo, however, the district court had found that the officer’s “advice was well grounded. There was no deceit or tric…