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Eleventh Circuit· 7/10/2006

United States v. David E. Martinelli

Citations

  • 454 F.3d 1300
  • 2006 U.S. App. LEXIS 17107
  • 2006 WL 1881882

How courts have described this case

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

  • holding that the absence of a good-faith instruction did not seriously impair the defense, since “the evidence of fraud . . . was overwhelming and the evidence of good faith was slight.”
  • observing that \ifihe courts have traditionally viewed information drawn from an ordinary witness or crime victim with considerably less skepticism than information derived from anonymous sources\
  • observing that \[t]he courts have traditionally viewed information drawn from an ordinary witness or crime victim with considerably less skepticism than information derived from anonymous sources\
  • contrasting the puffery of “exaggerated opinions or hyped-up sales pitches” with “verifiably refutable” “factual statements”
  • upholding instructions where jury had to infer that mail fraud was not legitimate business
  • permitting government seizure of “all of the business records of an enterprise engaged in a ‘pervasive scheme to defraud’” (quoting United States v. Sawyer, 799 F.2d 1494, 1508 (11th Cir. 1986))

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Marcus, Cox

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

55 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.