Reza Emami v. United States District Court for the Northern District of California, Federal Republic of Germany, Real Party in Interest

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that German crime of fraud was substantially analogous to U.S. mail and Social Security fraud
• holding that mail-fraud statute supports dual criminality despite fact that foreign statute “does not contain the jurisdictional element of a use of the mails”
• concluding that as long as Emami’s alleged conduct would be prosecutable under the laws of the United States, dual criminality was satisfied even though the two relevant countries had differing definitions of fraud
• concluding that the court should \refrain from interpreting the requirements of German criminal procedure both out of respect for German sovereignty and because [the court] recognize[d] the chance of erroneous interpretation\
• concluding that as long as Emami’s alleged conduct would be prosecutable under the laws of the United States, dual criminality was satisfied even though the two relevant countries had differing definitions of fraud
• stating that dual criminality is satisfied if the “substantive conduct each statute punishes is functionally identical”

Source: CourtListener parenthetical corpus (CC0).