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← 430 F.2d 106 - United States v. Silverman

United States v. Silverman’s Empirical Analysis

430 F.2d 106 · 1970

Citation profile

202
cited by 202 later decisions
5
states following
December 2018
most recently cited

130 federal appellate · 12 district · 6 state decisions

How this case has been cited

Cited by 202 later decisions — most recently December 2018 · most notably Mead Data Central, Inc. v. United States Department of Air Force (1977), United States v. Seidman (1998)

130 federal appellate · 12 district · 6 state decisions

110019701980199020002010decided

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

Applies 15 U.S.C. § 80A · 18 U.S.C. § 2514 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 641 (Livestock Fraud Protection Act) · 18 U.S.C. § 664 (Welfare and Pension Plans Disclosure Act) · 29 U.S.C. § 186 (§ 302 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 401 (Labor-Management Reporting and Disclosure Act of 1959) · 29 U.S.C. § 402 · 29 U.S.C. § 431

Relies on Glasser v. United States · Morissette v. United States · Stirone v. United States · Russell v. United States · Michelson v. United States

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

  1. “plain, concise and definite written statement of the essential facts constituting the offense charged.”
    8 later decisions quote this exact passage · from the majority
  2. “(1) the moneys, funds, securities, property, or other assets (2) of a labor organization (3) of which (the defendant) is an officer, or by which he is employed.”
    6 later decisions quote this exact passage · from the majority
  3. “[Congress has] gone beyond the common law offense of larceny and the old statutory crime of embezzlement because ‘gaps or crevices have separated particular crimes of this general class and guilty men have escaped through the breaches,’ Morissette v. United States, 342 U.S. 246 , 271-72, 72 S.Ct. 240 , 254, 96 L.Ed. 288 (1952). But, as was there held, despite minor variations in language the common thread is that the defendant, at' some stage of the game, has taken another person’s property or caused it to be taken, knowing that the other person would not have wanted that to be done.... It is easy to understand how a union employee does this when he ‘unlawfully and willfully’ uses union funds in a manner that works to the personal benefit of himself or the payee and does not benefit the union, whether or not the union went through the form of authorization; the ‘union’ presumably would have objected if it had been able to speak freely.”
    5 later decisions quote this exact passage · from the majority

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.