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· 1/4/2001

United States v. Kenneth P. Kontny and Joann L. Kontny

Citations

  • 238 F.3d 815
  • 2001 U.S. App. LEXIS 52
  • 87 A.F.T.R.2d (RIA) 390
  • 2001 WL 8793

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 enhancement was warranted where the defendants avoided employment taxes by writing separate checks to conceal overtime wages to employees and accounting for those additional amounts as non-wage expenses
  • concluding that “sophisticated” as used in like adjustment for tax frauds under U.S.S.G. § 2T1.1 refers to efforts “that go beyond” but “not necessarily far beyond” the typical case
  • “Trickery, deceit, even impersonation do not render a confession inadmissible, certainly in noncustodial situations and usually in custodial ones as well, unless government agents make threats or promises.”
  • “‘[S]ophistication’ refers ‘to the presence of efforts at conceal- ment that go beyond (not necessarily far beyond, for it is only a two-level enhancement …) the concealment inherent in [the] fraud.’”
  • “‘[S]ophistication’ refers ‘to the presence of efforts at conceal- ment that go beyond (not necessarily far beyond, for it is only a two-level enhancement …) the concealment inherent in [the] fraud.’”
  • an affirmative misrepresentation could occur where an agent “pretend[s] to be a U.S. Attorney and assure[s defendants] that they would not be prosecuted if they cooperated with him. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Easterbrook, Evans

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.