United States v. Bush’s Empirical Analysis

Citation profile

91 federal appellate · 8 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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if the city had known of [defendant's] interest it might have been able to obtain a better contract”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Charles G. Castor, William T. Robinette, Henry Y. Dein and James A. James · United States v. Fagan

2. “The information that [he] owned [his company] and would receive profits as a result of [the] city’s contract was information material to those city officials who were to evaluate and recommend a proposed contract and to those in the City Council who were to award a contract. That information was material as to whether to award the contract ... and, if so, at what price____ Assuming that the city would have been willing to do business with a company owned by [the defendant], the fact that [he] would be receiving profits as a result of the contract was material to the question of what percentage of [those] profits should be turned over to the city. * * * * ' * ' * Much was said at trial about the fact that the city did not lose money on the contract and that it was one of the best in the country. However, that argument is not convincing. First of all, if the city had known of [defendant’s] interest it might have been able to obtain a better contract. Secondly, the mail fraud statute seeks to prohibit fraudulent conduct regardless of ultimate loss or damage to the victims of the crime____ If the citizens of Chicago and other public officials had known of [his] interest they could have rightfully negotiated an advertising contract which might have earned those profits for the city. The net result was that [the defendant], through his scheme, made a deal with the city by which the city profited. The deal may have been a good one for the city; the problem is that [he] deprived the ”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Skeddle

3. “[I]t is clear that International Harvester was deprived of Bryza’s honest and faithful services in addition to the right to make the best possible purchase. Although Bryza argues he obtained the best possible contracts for his employer, I-H was entitled to negotiate those purchases with the knowledge of its employee’s interest. Thus, even though I-H was satisfied with Bryza’s job performance and the products he purchased for I-H from its suppliers, and despite the fact that no preferential treatment, beyond receiving business, was accorded the suppliers, that the suppliers’ prices to I — H were fair and reasonable, that I-H was never shown to be dissatisfied with the suppliers’ prices or products, and that Bryza insisted upon efficiency, quality and fair prices from the suppliers, Bryza’s conduct nonetheless falls within the purview of the mail fraud statute. The fraud consisted in Bryza’s holding himself out to be a loyal employee, acting in I-H’s best interests, but actually not giving his honest and faithful services, to I-H’s real detriment.”

   1 later decision quote this exact passage · from the majority
   e.g. 507 F. Supp. 495 - United States v. Kelly