UNITED STATES
v.
PLYLER
Memorandum opinion by direction of the court.
By Mr. Justice Holmes.
This is an indictment for forging vouchers required upon examination by the Civil Service Commission of the United States, certifying to the character., physical capacity, etc., of the applicant, the defendant, and for presenting the same to the Commission. The District Court held that the acts were not frauds against the United States within the Contemplation of R. S., § 5418, and dis charged the défendant. The Government excepted and brought the case to this'court. It now must be regarded as established that “it is not essential to charge or prove an. actual financial or property loss to make a case under the statute.” The section covers this case. Haas v. Henkel, 216 U. S. 462, 480; Curley v. United States, 130 Fed. Rep. 1; United States v. Bunting, 82 Fed. Rep. 883.
Judgment reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Parr v. United States, 363 U.S. 370 (U.S. 1960)…nst defrauding the United States in 18 U. S. C. § 371 extends far beyond the common-law conception of fraud in that financial or property loss is not an ingredient of the offense. Haas v. Henkel, 216 U. S. 462, 480; see also United States v. Plyler, 222 U. S. 15. If the fraudulent enterprise of which this record reeks is not a scheme essentially to defraud the taxpayers who constitute the District rather than a disembodied, abstract entity called the District, English words have lost their meaning. Petitio…
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Hammerschmidt v. United States, 265 U.S. 182 (U.S. 1924)…nd it was only cited in them to the point that financial [*188] loss of the Government is not necessary to violate the section. United States v. Foster, 233 U. S. 515, 526; United States v. Barnow, 239 U. S. 74, 79. See also United States v. Plyler, 222 U. S. 15, in respect to § 5418, Rev. Stats. To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft…
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United States v. Barnow, 239 U.S. 74 (U.S. 1915)…t of the Government. Haas v. Henkel, 216 U. S. 462, 479. And with respect to § 5418, Rev. Stat., prohibiting the forging of any public record “for the purpose of defrauding the United States,” a similar decision was reached. United States v. Plyler, 222 U. S. 15. Like reasoning, think, must be applied to § 32 of [*80] the Criminal Code, whether the United States, or “any person,” be the intended victim. If, with intent to defraud, and by falsely assuming or pretending to be? an officer or employe acting un…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haas v. Henkel, 216 U.S. 462 (U.S. 1910)
- Hyde v. Shine, 199 U.S. 62 (U.S. 1905)
- Cross v. North Carolina, 132 U.S. 131 (U.S. 1889)