United States v. Myung S. Koh

How courts have described this case

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

• holding that “statutory language, case law, and the overall statutory scheme” are relevant to statutory interpretation
• finding actual vindictiveness not present in federal prosecution because the court-appointed receiver and a former prosecutor — who brought the case to the attention of the United States Attorney’s Office — did not “ultimately prevail! ] upon the U.S. Attorney’s Office to seek an indictment”
• “We have previously held that the presumption of prosecutorial vindictiveness generally does not arise in the pretrial setting.” (citations omitted)
• “Arguably, the receiver had a duty to report [the receivership entities’ former controller]’s allegedly criminal activity to the appropriate authorities, see 18 U.S.C.A. § 4, and the allegations that he was motivated by personal financial gain, are irrelevant.”

Source: CourtListener parenthetical corpus (CC0).