Aider And Abettor Liability

100 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Dreer
  457 F.2d 31· 3d Cir.· 1972-03-09 ·cited 16×
  The court held that the variance between the indictment and proof was not fatal to the conviction, and the sentence was not improper.
• Wolin v. United States
  211 F.2d 770· 4th Cir.· 1954-04-09 ·cited 16×
  The court held that the defendants' conviction for bribery and conspiracy was supported by substantial evidence and that the trial court did not commit reversible error in its rulings or instructions.
• United States v. Fitzwater
  896 F.2d 1009· 6th Cir.· 1990-02-16 ·cited 14×
  The court held that the district court's conclusory statements were insufficient to justify its departure from the Sentencing Guidelines, and the court lost jurisdiction to provide a proper statement after the appeals were filed.
• United States v. Pinelli
  890 F.2d 1461· 10th Cir.· 1989-06-09 ·cited 14×
  The court reaffirmed its prior decision, holding that 18 U.S.C. § 1955 is not unconstitutionally vague and that the evidence was sufficient to support the convictions of the appellants.
• United States v. Garrett
  371 F.2d 296· 7th Cir.· 1966-12-07 ·cited 14×
  The court held that a defendant's testimony given in support of a motion to suppress evidence is admissible at trial if relevant, and that a homeowner's consent can validate a search of a suitcase found in their basement.
• United States v. Cataldo
  832 F.2d 869· 5th Cir.· 1987-11-09 ·cited 12×
  The court held that the district court properly vacated both sentences due to double jeopardy and resentenced the defendant to the original term, which was not vindictive.
• United States v. Hall
  805 F.2d 1410· 10th Cir.· 1986-11-17 ·cited 12×
  The court held that the trial court did not err in admitting the May 15th statement, allowing testimony about polygraph examinations for limited purposes, or in charging the defendant under 18 U.S.C. § 2113(c).
• Stuckey v. State
  414 So. 2d 1160· Fla. 3d DCA· 1982-06-08 ·cited 12×
• Sec. & Exch. Comm'n v. The Seaboard Corp.
  677 F.2d 1297· 9th Cir.· 1982-05-24 ·cited 12×
  The court held that a material issue of fact exists regarding the defendant's scienter, precluding summary judgment.
• Moore v. Fenex
  809 F.2d 297· 6th Cir.· 1987-01-14 ·cited 11×
  The court held that the trial court erred in submitting the breach of fiduciary duty claim against Frost and Brownfield to the jury due to lack of proper pleading and notice, and that there was insufficient evidence to support fraud or § 10b-5 liability against them. The court af
• United States v. Marden
  872 F.2d 123· 5th Cir.· 1989-04-24 ·cited 10×
  Prosecution for attempt and possession offenses after conviction for conspiracy does not violate the Double Jeopardy Clause because these offenses contain distinct elements.
• Freschi v. Grand Coal Venture
  767 F.2d 1041· 2d Cir.· 1985-07-05 ·cited 10×
  The court held that defendants were liable for securities fraud under Rule 10b-5 and common law fraud, but damages must be reduced by tax benefits received, limiting recovery to actual net economic loss.
• Sobel v. State
  437 So. 2d 144· Fla.· 1983-07-21 ·cited 10×
  The Florida Supreme Court affirmed Sobel's conviction for first degree murder despite her being an aider and abettor to the principal who was convicted of only second degree murder. The Court resolved a conflict between appellate decisions by holding that an aider and abettor may
• Weaver v. Marine Bank
  637 F.2d 157· 3d Cir.· 1980-12-15 ·cited 10×
  The court held that neither the Piccirillo transaction agreement nor the certificate of deposit constituted a security under the Securities Exchange Act of 1934.
• United States v. Cooper
  462 F.2d 1343· 5th Cir.· 1972-07-25 ·cited 10×
  The court held that a simulated bomb used in a bank robbery constitutes a dangerous weapon, and the jury instructions regarding assault were not reversible error.
• In re Managed Care Litigation
  135 F. Supp. 2d 1253· S.D. Fla.· 2001-03-02 ·cited 9×
  The court held that ERISA does not preempt state law claims for breach of contract, quantum meruit, and unjust enrichment, but dismissed RICO claims for failure to properly plead the 'enterprise' element.
• Gov't of the Virgin Islands v. Ramos
  730 F.2d 96· 3d Cir.· 1984-01-13 ·cited 8×
  The court held that the trial court correctly denied the motion for acquittal based on insufficient evidence, but erred in convicting the defendant for unauthorized possession of a firearm during a crime of violence because the government failed to prove the accomplice's lack of
• United States v. Candido Felix and Gloria Felix
  474 F.2d 610· 9th Cir.· 1973-02-09 ·cited 8×
  The court held that the appellants lacked standing to move for suppression of evidence and that there was sufficient evidence to support their convictions.
• Sanders Confectionery Prods., Inc. v. Heller Fin., Inc.
  973 F.2d 474· 6th Cir.· 1992-08-17 ·cited 6×
  The court held that the doctrine of res judicata barred the lender liability claims of SCPI, Sanders, and Kreissl due to their privity with the debtor in the prior bankruptcy proceedings. Merigian's securities claims were dismissed for failure to adequately plead control person l
• United States v. Frederick Graewe (83-3289/3803)
  774 F.2d 106· 6th Cir.· 1985-09-16 ·cited 6×
  The court held that Pinkerton liability cannot sustain convictions when the defendant was acquitted of the underlying conspiracy or CCE charge, and the jury was not instructed on conspiracy liability for substantive offenses. However, aider and abettor liability can sustain convi
• Burke v. United States
  387 F.2d 905· 5th Cir.· 1968-01-09 ·cited 6×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for carrying on the business of a distiller.
• Commodity Futures Trading Comm'n v. Commonwealth Fin. Grp., Inc.
  874 F. Supp. 1345· S.D. Fla.· 1994-12-28 ·cited 5×
  The court held that the defendants were in contempt of court for violating the Order of Preliminary Injunction by continuing to engage in fraudulent misrepresentations and omissions in connection with commodity futures and options transactions.
• Kellerman v. State
  261 So. 2d 555· Fla. 3d DCA· 1972-05-02 ·cited 5×
  Stuart Kellerman, a jeweler, was convicted of breaking and entering and grand larceny as an aider and abettor based primarily on the testimony of two alleged accomplices. The Florida appellate court affirmed his conviction, holding that uncorroborated accomplice testimony is suff
• Cooke v. Manufactured Homes
  998 F.2d 1256· 4th Cir.· 1993-07-09 ·cited 4×
  Summary judgment was proper for claims accruing after December 17, 1988, as the market was fully apprised of the company's financial condition, but was improper for claims accruing before that date due to a mix of information creating a genuine issue of material fact. Section 27A
• United States v. Lambert
  995 F.2d 1006· 10th Cir.· 1993-06-14 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting evidence of preliminary discussions about the robbery, and that a sentencing enhancement for a threat made by a co-perpetrator was appropriate because it was reasonably foreseeable.
• Holmon v. State
  603 So. 2d 111· Fla. 4th DCA· 1992-08-05 ·cited 4×
  In this appeal, the Fourth District Court of Appeal reversed Kyle Holmon's convictions for shooting into an occupied vehicle and aggravated battery, finding that the state's evidence was legally insufficient due to critical inconsistencies in the only witness testimony supporting
• LaMURA v. State
  424 So. 2d 25· Fla. 4th DCA· 1982-11-10 ·cited 4×
  Florida appellate court affirmed LaMura's manslaughter conviction as an aider and abettor to a shooting death during a drug deal, finding sufficient evidence of his knowledge and participation in the crime.
• United States v. Norby Walters
  997 F.2d 1219· 7th Cir.· 1993-06-30 ·cited 2×
  A scheme to defraud violates the mail fraud statute only if it is designed to obtain money or property from the victim, not merely cause incidental loss.
• Brady v. Dairy Fresh Prods. Co.
  974 F.2d 1149· 9th Cir.· 1992-09-09 ·cited 2×
  The court held that respondeat superior and agency liability may apply to civil RICO claims under 18 U.S.C. § 1962(a) and § 1962(c) when the employer is distinct from the enterprise and benefited from the employee's or agent's RICO violations.
• Flowers v. Blackburn
  764 F.2d 276· 5th Cir.· 1985-06-18 ·cited 2×
  The court granted a certificate of probable cause, finding that the petitioner made a substantial showing of the denial of a federal right regarding jury instructions on specific intent.
• Johnson v. State
  399 So. 2d 108· Fla. 1st DCA· 1981-05-29 ·cited 2×
  Johnson was convicted of aggravated assault and armed robbery and sentenced to an indeterminate sentence of not less than three years nor more than life. The appellate court affirmed his conviction but reversed and remanded his sentence because the evidence failed to identify him
• Nickole Crimson v. State
  390 So. 2d 152· Fla. 3d DCA· 1980-11-18 ·cited 2×
  Appellant's conviction for armed robbery as an aider and abettor was affirmed, but the mandatory three-year minimum sentence was struck because he was not present at the scene of the crime.
• Giamo v. State
  275 So. 2d 606· Fla. 3d DCA· 1973-04-10 ·cited 2×
  Florida appellate court affirmed denial of post-conviction relief where defendant convicted of bribery as principal, not aider and abettor, and claimed entitlement to discharge based on acquittal of alleged principal.
• United States v. Morin
  458 F.2d 990· 3d Cir.· 1972-04-12 ·cited 2×
• United States v. Glantzman
  447 F.2d 199· 3d Cir.· 1971-07-23 ·cited 2×
  The court held that the evidence was sufficient to support Glantzman's conviction for aiding and abetting.
• Yacht Club on the Intracostal Condo. Ass'n v. Lexington Ins.
  760 F. Supp. 1239· S.D. Fla.· 2013-05-10 ·cited 1×
  The court held that the plaintiff's failure to provide prompt notice of the loss, and its subsequent failure to rebut the presumption of prejudice to the insurer, warranted summary judgment for the defendant.
• San Jacinto Sav. Ass'n v. TDC Corp. of Fla.
  613 F. Supp. 76· M.D. Fla.· 1989-03-17 ·cited 1×
• N. D. v. State
  Fla. 2d DCA· 2023-01-27
  The appellate court reversed a juvenile's delinquency finding for burglary, holding that the evidence was insufficient to prove he was a principal to the crime. Mere presence at the scene and flight were not enough to establish guilt beyond a reasonable doubt.
• Pastrana v. Level Up Fitness LLC
  S.D. Fla.· 2021-12-01
  The court granted default final judgment in part for unpaid wages under the FLSA and Florida common law, but denied the claim under the Miami-Dade Wage Theft Ordinance due to procedural requirements.
• S. L. W. v. State
  Fla. 2d DCA· 2020-01-17
  Mere presence at the scene of a crime, knowledge of the crime, and flight from the scene are insufficient to establish that a defendant was an aider and abettor or principal to the crime. An aider and abettor must have conscious intent that the crime be done and must do some act
• Barton v. State
  Fla. 1st DCA· 2019-10-21
  The state satisfied the two-part aider and abettor test by establishing that the defendant helped the principal actor and intended to participate in the crime.
• Torrealba v. State
  861 So. 2d 470· Fla. 3d DCA· 2003-11-19
  Rosa Elena Torrealba was convicted of sexual battery with great force and kidnapping after she lured a man to her apartment, misrepresented her ex-boyfriend's identity, intoxicated him, and facilitated his assault and rape by that ex-boyfriend. The appellate court affirmed her co
• Ins. Co. OF N. Am. v. M.E. Dealy
  911 F.2d 1096· 5th Cir.· 1990-09-17
  The court held that claims against a deceased defendant never properly served are dismissed, and that a surety is not liable as a seller or aider/abettor in a securities fraud scheme absent evidence of participation beyond ordinary business transactions.
• United States v. Dir., Dep't OF Corr., State OF Ill.
  721 F.2d 586· 7th Cir.· 1983-11-16
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, reversing the dismissal.
• State v. Glassman
  414 So. 2d 204· Fla. 4th DCA· 1982-03-31
  The acquittal of an employee does not necessitate the dismissal of charges against an employer for aiding and abetting the same offense.
• Royden Sampson v. State
  400 So. 2d 170· Fla. 3d DCA· 1981-06-23
  Sampson was convicted of first-degree felony murder and robbery in connection with a fatal robbery. The Florida appellate court affirmed the murder conviction under the felony murder doctrine but reversed the separate robbery conviction because it was the predicate felony for the
• Murphy v. McDONNELL & Co.
  553 F.2d 292· 2d Cir.· 1977-04-14
  The court held that subordinated lenders and other investors in a member firm cannot assert claims under Section 6 of the Exchange Act, and that exchanges are not liable under Rule 10b-5 for failing to disclose a firm's financial condition unless they actively participated in or
• Cato v. Alvis
  288 F.2d 530· 6th Cir.· 1961-04-04
  The court held that a delay in arraignment, while a violation of state statute, does not automatically render a confession inadmissible or invalidate a conviction if the confession was voluntary and the conviction is based on sufficient evidence.