· 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 CourtListenerSourced 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.