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· 2/22/1999

United States v. Michael A. Yashar

Citations

  • 166 F.3d 873
  • 1999 WL 27483

How courts have described this case

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

  • noting that conspiracies, such as the RICO and tax conspiracy charged here, are “continuing offenses” that continue for purposes of the statute of limitations so long as any action is taken in furtherance of the conspiracy
  • declining to treat \a continuing course of conduct or scheme the same as a continuing offense under Toussie \
  • comparing a motion to dismiss an indictment to a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss
  • continuing offense doc- trine does not apply simply because \the charged conduct is continu- ous in nature\
  • “An offense is committed when it is completed, that is, when each element of that offense has occurred.” (internal citations omitted)
  • ʺThe hallmark of the continuing offense is that it perdures beyond the initial illegal act, and that ʹeach day brings a renewed threat of the evil Congress sought to prevent.ʹʺ ‐ 8 ‐ (quoting Toussie, 397 U.S. at 122)

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Ripple, Rovner

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.