· 6/24/1976
United States v. James T. McNeive
Citations
- 536 F.2d 1245
- 1976 U.S. App. LEXIS 8359
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding no mail fraud violation where city employee accepted gratuities in connection with non-discretionary duty
- reversing a conviction under section 1341 because there was no evidence that the defendant “materially misrepresented any facts ... or that he actively concealed his scheme”
- court found that mail fraud was not evident because defendant did not misrepresent the existence or the nature of the gratuity practice
- “[G]eneral statements, standing alone, are not necessarily controlling and must be considered in the proper context of the opinion in which they appear.”
- court found that mail fraud was not evident because defendant did not misrepresent the existence or the nature of the gratuity practice
- “acceptance of small unsolicited gratuities” by city inspector does not violate Section 1341
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Heaney, Webster
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.