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Pasquantino Vs. United States

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  • US Supreme Court
  • Apr 26, 2005

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  1. United States Vs. Turley US Supreme Court · Feb 25, 1957
  2. United States Vs. Craft US Supreme Court · Apr 17, 2002
  3. Pasquantino v. United
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  4. States - 03-725 (2005) Syllabus October Term, 2004 Pasquantino V. United
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  5. States Supreme Court of the United States Pasquantino Et Al. V. United
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  6. to the Canadian Government. McNally v. United
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  7. concealed imported liquor from Canadian officials and failed to declare those goods on customs forms. See Durland v. United
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  8. United States v. Texas
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  9. the statute to reach this prosecution conflicts with a well-established revenue rule principle. See United States v. Craft
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  10. revenue rule clearly barred such a prosecution as of 1952, the year Congress enacted the wire fraud statute. See Neder v. United
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  11. United States v. Curtiss-Wright
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  12. in which Breyer, J., joined, and in which Scalia and Souter, JJ., joined as to Parts II and III. Pasquantino v. United
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  13. States - 03-725 (2005) Opinion of the Court Pasquantino V. United
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  14. Court of the United States No. 03-725 David B. Pasquantino, Carl J. Pasquantino, and Arthur Hilts, Petitioners V. United
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  15. a foreign government of tax revenue violates the wire fraud statute. 541 U. S. 972 (2004). Compare United States v. Boots
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  16. that a scheme to defraud a foreign nation of tax revenue does not violate the wire fraud statute), with United States v. Trapilo
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  17. Cleveland v. United
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  18. to the Government of Canada. McNally v. United
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  19. as that term ordinarily is employed. See Leocal v. Ashcroft
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  20. Chesterfield v. Janssen
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  21. Durland v. United
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  22. to these two categories of fraud. Clark v. Martinez
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  23. Brogan v. United
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  24. revenue rule principle. We clarified this constraint on the application of the nonderogation canon in United States v. Craft
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  25. We examine the state of the common law as of 1952, the year Congress enacted the wire fraud statute. See Neder v. United
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  26. the rule against foreign penal enforcement was an analogy between foreign revenue laws and penal laws. See Wisconsin v. Pelican
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  27. s Scottish tax obligations. Peter Buchanan Ltd. v. McVey
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  28. nations were enforceable, notwithstanding the rule against enforcing contracts with illegal purposes. See Boucher v. Lawson
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  29. Planche v. Fletcher
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  30. courts also considered void foreign contracts that lacked tax stamps required under foreign revenue law. See Alves v. Hodgson
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  31. Clegg v. Levy
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  32. s revenue laws. Henry v. Sargeant
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  33. judicial evaluation of the policy-laden enactments of other sovereigns. See, e.g. , Moore v. Mitchell
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  34. see also Chicago & Southern Air Lines, Inc. v. Waterman
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  35. in foreign revenue laws, regardless of whether courts need pass judgment on such laws. See Banco Nacional de Cuba v. Sabbatino
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  36. United States v. Pierce
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  37. Small v. United
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  38. Republic of Honduras v. Philip
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  39. Supp. II), we have construed identical language in the wire and mail fraud statutes in pari materia . See Neder v. United
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  40. Carpenter v. United
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  41. statutes criminalize similar conduct says little about the scope of either. Footnote 5 See also United States v. Texas
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  42. Astoria Fed. Sav. & Loan Assn. v. Solimino
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  43. an inquiry the dissent does not undertake. Footnote 7 See Colorado v. Harbeck
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  44. Maryland v. Turner
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  45. Detroit v. Proctor
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  46. Moore v. Mitchell
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  47. Arkansas v. Bowen
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  48. Leflar 216, n. 63 (citing cases). Footnote 8 See also Her Majesty the Queen v. Gilbertson
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  49. the Canadian Government. McNally v. United
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  50. See Durland v. United
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