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· 7/16/2002

United States v. James Scott Pendergraft

Citations

  • 297 F.3d 1198
  • 2002 U.S. App. LEXIS 14323
  • 2002 WL 1558410

How courts have described this case

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

  • holding that, absent intent to deceive the victim, “mailing of litigation documents, even perjurious ones, did not violate the mail-fraud statute”
  • holding threats to sue a public entity cannot constitute Hobbs Act extortion, even where sup- ported by false testimony and fabricated evidence
  • holding that neither the threat to litigate nor the fabrication of evidence behind the threat of a lawsuit made the action “wrongful” within the meaning of the Hobbs Act, and, thus, could not be a predicate act under RICO
  • noting that a video of a civil settlement negotiation in which the appellants participated was admissible under Federal Rule of Evidence 408 in the appellants’ criminal cases
  • vacating a general verdict for a multiple-object conspiracy on the ground that one of the conspiracy theories was contrary to law
  • “[P]rosecuting litigation activities as federal crimes would undermine the policies of access and finality that animate our legal system.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Roney, Cox

Read full opinion on CourtListener

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.