THOMAS

v.

BOARD OF EXAMINERS, CHICAGO PUBLIC SCHOOLS, ET AL.

Citator

Cited By

• United States v. Helmsley, 941 F.2d 71 (2d Cir. 1991)
  …ess entities for the years 1983, 1984 and 1985.” In the context of Section 7206(2) “false and fraudulent” may mean mischaracterizing deductions as well as overstating them. See United States v. Gurary, 860 F. 2d 521, 525 (2d Cir.1988), cert. denied, 490 U.S. 1035, 109 S.Ct. 1931, 104 L.Ed.2d 403 (1989); United States v. Bliss, 735 F. 2d 294, 301 (8th Cir.1984). The jury instruction was thus consistent with the indictment and did nothing to amend it. The indictment and bill of particulars made it sufficientl…
• United States v. Regan, 937 F.2d 823 (2d Cir. 1991)
  …U.S.C. § 371 conspiracies to violate one or more of the hierarchy of tax offenses. Ingram v. United States, 360 U.S. 672, 677-78, 79 S.Ct. 1314, 1318-19, 3 L.Ed.2d 1503 (1959); United States v. Gurary, 860 F. 2d 521, 525 (2d Cir.1988), cert. denied, 490 U.S. 1035, 109 S.Ct. 1931, 104 L.Ed.2d 403 (1989). The Government’s burden in proving a mail or wire fraud offense, 18 U.S.C. §§ 1341 and 1343, is even more onerous. These are specific intent crimes. United States v. Gelb, 700 F. 2d 875, 879 (2d Cir.), cert.…
• Nat'l R.R. Passenger Corp. v. State, 929 F.2d 1532 (11th Cir. 1991)
  …the Fifth Circuit has held, “the result is [not] any different because the federal preemption is such as to deprive the state court of jurisdiction.” Texas Employers’ Ins. Ass’n v. Jackson, 862 F. 2d 491, 498 (5th Cir.1988) (en banc), cert. denied, 490 U.S. 1035, 109 S.Ct. 1932, 104 L.Ed.2d 404 (1989). The proper course of conduct for Amtrak was “to seek resolution of [the preemption] issue by the state court.” Chick Kam Choo, 486 U.S. at 150, 108 S.Ct. at 1691. Having done so, Amtrak, if “adversely affect…