Pinkerton v. United States

• Article

• Talk

Pinkerton v. United States, 328 U.S. 640 (1946), is a case in the Supreme Court of the United States .[1] The case enunciated the principle of Pinkerton liability , a prominent concept in the law of conspiracy .

Contents

• 1 History

• 2 Issue

• 3 Holding

• 4 See also

• 5 References

• 6 Further reading

• 7 External links

History

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=1 "Edit section: History")

Walter and Daniel Pinkerton both lived separately on Daniel Pinkerton's farm. They were indicted for violations of the Internal Revenue Code . Walter Pinkerton was found guilty of nine counts of violating the tax code and one count of conspiracy. His brother Daniel was found guilty of 6 substantive counts of violating the tax code and one count of conspiracy. Daniel Pinkerton appealed, claiming that because only his brother had committed the substantive crimes he was incorrectly convicted. The actual crime committed may have been moonshining and the government chose to prosecute for tax evasion . They were suspected of "unlawful possession, transportation and dealing of whiskey.[2]

Issue

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=2 "Edit section: Issue")

At issue is whether a defendant can be held liable for substantive crimes committed by another in the furtherance of a conspiracy in which they are joined.

Holding

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=3 "Edit section: Holding")

The Court held that when a defendant is joined in a conspiracy, substantive crimes committed to advance that conspiracy can be charged to all defendants as long as they are still part of the conspiracy when those crimes are committed.

See also

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=4 "Edit section: See also")

• List of United States Supreme Court cases, volume 328

References

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=5 "Edit section: References")

1. ↑ Pinkerton v. United States, 328 U.S. 640 (1946).
2. ↑ Strader, Kelly (2009). White Collar Crime: Cases, Materials, and Problems. Newark, NJ: Lexis Nexis. p. 80. ISBN  9781422427415 .

Further reading

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=6 "Edit section: Further reading")

• Goldstein, Abraham S. (1959). "Conspiracy to Defraud the United States" . The Yale Law Journal. 68 (3). The Yale Law Journal, Vol. 68, No. 3: 405–463. doi :10.2307/794457 . JSTOR  794457 .

External links

(https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&action=edit&section=7 "Edit section: External links")

• Works related to Pinkerton v. United States at Wikisource
• Text of Pinkerton v. United States, 328 U.S. 640 (1946) is available from: Cornell CourtListener Google Scholar Internet Archive (docket files) Justia Library of Congress OpenJurist

Retrieved from "https://en.wikipedia.org/w/index.php?title=Pinkerton_v._United_States&oldid=1351351729 "