Holmes v. United States’s Empirical Analysis

Citation profile

88 federal appellate · 5 district · 3 state decisions

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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Acts innocent in themselves may yet in combination constitute a fraud or attempts to commit fraud. One attempting to commit a fraud may well seek to give the act an appearance of legality and innocence. * * * It is not essential that the matter mailed be in itself criminal or objectionable, or that it disclose a fraudulent purpose.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Alby · 273 F. Supp. 253 - United States v. Brandom

2. “(r)epresentations as to value, soundness and worth of securities . . .”

   2 later decisions quote this exact passage · from the majority
   e.g. Securities & Exchange Commission v. Franklin Atlas Corp. · Fed. Sec. L. Rep. P 95,902 Franklin Savings Bank of New York v. Gustave L. Levy

3. ““Defendant contends that his business was intrastate, being confined to Nebraska and, hence, the Securities Act of 1933 is not applicable. This Act forbids any person to employ a scheme or artifice to defraud in the sale of securities by the use of the mails or of transportation in interstate commerce. Article I, § 8, cl. 7 of the Constitution vests Congress with power to establish postoffices and post-roads. It may, therefore, with propriety exclude matters from the mail that are in furtherance of a fraudulent scheme.””

   1 later decision quote this exact passage · from the majority
   e.g. Northern Trust Co. v. Essaness Theatres Corp.