948 F. Supp. 228 - Bernstein v. Misk’s Empirical Analysis
1997
Citation profile
2 federal appellate · 4 district ·
How this case has been cited
Cited by 28 later decisions — most recently February 2015 · most notably Docket No. 03-7897(l) (2004), 85 F. Supp. 2d 282 - Odyssey Re (London) Ltd. v. Stirling Cooke Brown Holdings Ltd. (2000)
2 federal appellate · 4 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
Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1952 · 18 U.S.C. § 1956 (§ 1352 of the Money Laundering Control Act of 1986) · 18 U.S.C. § 1957 (§ 1352 of the Money Laundering Control Act of 1986) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1964 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Conley v. Gibson · Scheuer v. Rhodes · United Mine Workers of America v. Gibbs · Foman v. Davis · United States v. Turkette
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A claim of mail or wire fraud must specify the content, date and place of any alleged misrepresentations and the identity of the persons making them. Wexner v. First Manhattan Co., 902 F.2d 169, 172-73 (2d Cir.1990). See also Official Publications, Inc. v. Kable News Co., 692 F.Supp. 239, 245 (S.D.N.Y.1988) (In alleging mail fraud, plaintiff must set forth “the content of the items mailed and specify how each of the items was false and misleading.”), aff'd in part and rev’d in part, 884 F.2d 664 (2d Cir.1989); Qantel Corp. v. Niemuller, 771 F.Supp. 1361, 1369 (S.D.N.Y.1991) (to plead wire fraud with particularity, plaintiff must identify number of telephone calls that were made and dates on which they were made).”
1 later decision quote this exact passage · from the majority“(1) the individual conducted a financial transaction in interstate commerce, (2) with knowledge that the property involved in the transaction represented some form of unlawful activity, (3) with the transaction in fact involving the proceeds of specified unlawful activity, (4) with the purpose, in whole or in part, of concealing or disguising the nature, the location, the source, the ownership or the control of the illegally acquired proceeds.”
1 later decision quote this exact passage · from the majority“The indifferent attempts to plead the existence of an enterprise fall short of their goal in that they frustrate assiduous efforts to identify its membership, its structure (formal or informal), or its functional unity.”
1 later decision 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.