United States of America v. Michael Labarbara, Jr.’s Empirical Analysis
129 F.3d 81 · 1997
Citation profile
29 federal appellate · 2 district ·
How this case has been cited
Cited by 48 later decisions — most recently July 2021 · most notably United States v. Frank (1998), United States v. Martin (1998)
29 federal appellate · 2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Glasser v. United States · United States v. Lopez · Pereira v. United States · Scarborough v. United States · Jusino v. Brown
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Defendant’s] argument seems to be that moneys owed to ERISA benefit plans are not assets of such plans until banked. We disagree: Once wages were paid to Local 66 members, Strathmore [the employer] had contractual obligations to the Funds that constituted “assets” of the Funds by any common definition. Certainly, an audit of the Funds would have to include such fixed obligations as assets.”
3 later decisions quote this exact passage““Common scheme or plan” and “same course of conduct” are two closely related concepts. (A) Common scheme or plan. For two or more offenses to constitute part of a common scheme or plan, they must be substantially connected to each other by at least one common factor, such as common victims, common accomplices, common purpose, or similar modus operands For example, the conduct of five defendants who together defrauded a group of investors by computer manipulations that unlawfully transferred funds over an eighteen-month period would qualify as a common scheme or plan on the basis of any of the above listed factors; ie., the commonality of victims (the same investors were defrauded on an ongoing basis), commonality of offenders (the conduct constituted an ongoing conspiracy), commonality of purpose (to defraud the group of investors), or similarity of modus operandi (the same or similar computer manipulations were used to execute the scheme). (B) Same course of conduct. Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that they are part of a single episode, spree, or ongoing series of offenses. Factors that are appropriate to the determination of whether offenses are sufficiently connected or related to each other to be considered as part of the same course of conduct include the degree of similarity of the offense”
2 later decisions quote this exact passage“any employee welfare benefit plan or employee pension benefit plan”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.