Aiding And Abetting

3,842 Florida cases classified under this topic · sorted by citation count

• United States v. Schilling
  561 F.2d 659· 6th Cir.· 1977-09-02 ·cited 16×
  The court held that the indictment sufficiently alleged a scheme to defraud under the mail fraud statute, as the purported transfer of interest was an active fraud intended to deceive the County Court.
• United States v. Benavides
  549 F.2d 392· 5th Cir.· 1977-03-25 ·cited 16×
  The court held that the defendant's conviction must be reversed due to the trial court's ex parte communication with the jury and undue restriction of cross-examination regarding a witness's plea bargain.
• United States v. Clark
  546 F.2d 1130· 5th Cir.· 1977-02-09 ·cited 16×
  An indictment is sufficient if it contains the elements of the offense and fairly informs the defendant of the charge, enabling him to plead double jeopardy. Good faith reliance on government assurances is not a defense to fraud where the defendant is the party misleading the gov
• Sec. & Exch. Comm'n v. Universal Major Indus. Corp.
  546 F.2d 1044· 2d Cir.· 1976-12-16 ·cited 16×
  The court affirmed the permanent injunction, holding that an attorney can be liable for aiding and abetting violations of Section 5 of the Securities Act of 1933 based on negligence, and that the integrated offering concept is not a prerequisite for such a claim.
• United States v. Busard
  524 F.2d 72· 5th Cir.· 1975-12-05 ·cited 16×
  The court held that the indictment was not duplicitous, the admission of evidence concerning a prior arrest was harmless error, and the seized cocaine was properly admitted.
• United States v. Tavoularis
  515 F.2d 1070· 2d Cir.· 1975-05-06 ·cited 16×
  The court held that the government failed to prove beyond a reasonable doubt that the defendants knew the Treasury bills were stolen from a bank, an essential element of the crime charged.
• United States v. Clayborne
  509 F.2d 473· D.C. Cir.· 1974-12-16 ·cited 16×
  The court held that defense counsel's decision not to cross-examine a key witness was a permissible tactical decision, and the evidence was sufficient to support the convictions.
• United States v. Bartemio
  547 F.2d 341· 7th Cir.· 1974-05-30 ·cited 16×
  The court held that the evidence was sufficient to support convictions for possession of stolen securities and aiding and abetting, that the securities were within the scope of 18 U.S.C. § 659, that the indictment was not duplicitous or multiplicitous, and that the prosecutor's c
• United States v. Untiedt
  493 F.2d 1056· 8th Cir.· 1974-03-21 ·cited 16×
  A defendant can be convicted as an aider and abettor even if the principal is not prosecuted, and the trial court did not err in restricting cross-examination regarding an informant's identity when that testimony would not have contributed to the defense.
• United States v. Wilford Jackson
  482 F.2d 1264· 8th Cir.· 1973-08-09 ·cited 16×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting drug distribution, the chain of custody was adequate, and the defendant was not entitled to a jury instruction on the procuring agent defense.
• United States v. Irion
  482 F.2d 1240· 9th Cir.· 1973-07-26 ·cited 16×
  The court held that consent to search a motel room can be voluntary even if the subject is unaware of their right to refuse, and that circumstantial evidence and statements can be sufficient to convict a passenger of drug importation and possession.
• United States v. Wasko
  473 F.2d 1282· 7th Cir.· 1973-02-07 ·cited 16×
  The dissenting judge would affirm the conviction, finding the prosecutor's remark harmless error and the witness not an accomplice as a matter of law.
• United States v. Cantor
  469 F.2d 435· 3d Cir.· 1972-10-25 ·cited 16×
  A defendant is entitled to withdraw a nolo contendere plea if the district court fails to adequately explain the elements of the charges, rendering the plea involuntary.
• United States v. Graham
  464 F.2d 1073· 5th Cir.· 1972-07-18 ·cited 16×
  The court held that the government failed to prove the substance sold on November 16, 1970, was heroin, requiring reversal of those convictions. Other convictions were affirmed.
• United States v. Azadian
  436 F.2d 81· 9th Cir.· 1971-01-11 ·cited 16×
  The dissenting judge would reverse the conviction, arguing that an aider and abettor should be able to rely on the principal's entrapment defense, especially when the government agent instigated the entire criminal scheme.
• United States v. Beck
  431 F.2d 536· 5th Cir.· 1970-09-09 ·cited 16×
  The court held that the search warrant was valid, the evidence was sufficient to sustain the jury verdict, and the jury instructions were appropriate.
• United States v. Kemper
  433 F.2d 1153· D.C. Cir.· 1970-07-10 ·cited 16×
  The court affirmed the convictions because the in-court identifications were based on evidence independent of the suggestive lineup.
• United States v. McGOWAN
  423 F.2d 413· 4th Cir.· 1970-03-16 ·cited 16×
  The court held that while the evidence was sufficient to convict on conspiracy and substantive gambling offenses, the trial court erred in denying access to grand jury minutes for impeachment purposes.
• Phillips v. United States
  406 F.2d 599· 10th Cir.· 1969-01-29 ·cited 16×
  The court held that entries made to represent fictitious loans or loans to straw-men, even if other bank records might reveal the true nature of the transaction, constitute false entries under 18 U.S.C. § 1005 when made with intent to deceive, and that the indictment was sufficie
• Smith v. United States
  403 F.2d 689· 5th Cir.· 1968-11-20 ·cited 16×
  The court held that there was ample evidence to justify submitting the case to the jury and that the defendant's actions constituted aiding and abetting.
• Alejandrino Diaz-Rosendo and Antonio Daniel Marrero-Perez v. United States
  364 F.2d 941· 9th Cir.· 1966-08-23 ·cited 16×
  The court held that the evidence was insufficient to sustain the conviction of Marrero-Perez and that the admission of marijuana debris evidence against Diaz-Rosendo was prejudicial error.
• Cooper v. United States
  357 F.2d 274· D.C. Cir.· 1966-01-31 ·cited 16×
  The court held that the evidence was sufficient to submit Cooper's case to the jury and that the jury instructions, including those on aiding and abetting and identification, were not plain error.
• Battaglia v. United States
  349 F.2d 556· 9th Cir.· 1965-07-12 ·cited 16×
  The court held that there was sufficient evidence to convict the appellant on Counts One and Two for wire fraud, but insufficient evidence for Counts Three through Six, as the scheme's primary purpose appeared to be accomplished before the later communications.
• United States v. Magliano
  336 F.2d 817· 4th Cir.· 1964-09-22 ·cited 16×
  The court held that the evidence was sufficient to convict Benjamin Magliano (Trotta) of conspiracy and substantive wagering tax law violations, but insufficient to convict DeSantis. The court also found the sentences imposed were partially illegal.
• Stevens v. United States
  319 F.2d 733· D.C. Cir.· 1963-05-02 ·cited 16×
  The court held that the evidence was insufficient to sustain Mackey's conviction for unauthorized use of a motor vehicle beyond a reasonable doubt, but affirmed Stevens' conviction.
• Coleman v. United States
  313 F.2d 576· D.C. Cir.· 1962-12-20 ·cited 16×
  The confession was freely and voluntarily given and not obtained in violation of the Mallory rule.
• United States v. Ramsey
  291 F.2d 737· 6th Cir.· 1961-06-30 ·cited 16×
  The court held that the evidence, including fingerprint analysis and circumstantial evidence of collaboration, was sufficient for conviction, and the jury instructions were not fundamentally erroneous.
• Oby Burks v. United States
  287 F.2d 117· 9th Cir.· 1961-02-01 ·cited 16×
  The court held that the arrest and subsequent search were lawful because the officers had probable cause to believe a crime was being committed in their presence, based on their extensive surveillance and expert knowledge of the numbers racket.
• United States v. Greenberg
  268 F.2d 120· 2d Cir.· 1959-06-24 ·cited 16×
  The court held that the appellant's conviction for aiding and abetting the preparation of false payroll reports was valid under 18 U.S.C. § 1001, and that the trial court did not err in its rulings.
• United States v. Perez
  242 F.2d 867· 2d Cir.· 1957-04-01 ·cited 16×
  The court held that the evidence was sufficient to convict the appellant for aiding and abetting the sale of narcotics and conspiracy, and that the seized exhibits were properly admitted into evidence.
• Olen v. Ritter
  230 F.2d 324· 10th Cir.· 1956-01-23 ·cited 16×
  The court held that substantial evidence supported the conspiracy convictions, any variance between the indictment and proof was not material or prejudicial, and the evidence was sufficient to convict Meador and Ritter of importation.
• United States v. Scoblick
  225 F.2d 779· 3d Cir.· 1955-07-14 ·cited 16×
  The court held that the trial court did not err in refusing to sever the conspiracy count from substantive counts, nor in denying motions for mistrial or new trial based on alleged prosecutorial misconduct or insufficient proof of corporate existence.
• Dickson v. United States
  182 F.2d 131· 10th Cir.· 1950-04-29 ·cited 16×
  The court held that the trial court erred in unduly restricting the cross-examination of a key witness regarding conversations material to the defense.
• Solomon v. Blue Cross & Blue Shield Ass'n
  574 F. Supp. 2d 1288· S.D. Fla.· 2008-05-23 ·cited 15×
  The court held that the plaintiffs failed to adequately plead conspiracy and fraud with the required specificity, warranting dismissal of the complaint.
• Misti Ehrlich v. State
  742 So. 2d 447· Fla. 4th DCA· 1999-09-17 ·cited 15×
  Misti Ehrlich was convicted as a principal to two counts of second-degree murder and two counts of attempted second-degree murder for enlisting others to shoot a witness who was going to testify against her incarcerated boyfriend. The appellate court affirmed her convictions, fin
• United States v. Hines
  955 F.2d 1449· 11th Cir.· 1992-03-17 ·cited 15×
  The Eleventh Circuit reversed the convictions of Luke K. Hines and Fred Crenshaw III for aggravated sexual assault and aiding and abetting. The court held that while the district court did not err in its jury instructions regarding consent or in allowing testimony about aliases,
• Scurry v. State
  521 So. 2d 1077· Fla.· 1988-02-11 ·cited 15×
  The Florida Supreme Court held that second-degree murder is a necessarily lesser included offense of first-degree felony murder and must be available as a jury instruction. The Court reversed the district court's affirmance of a conviction where the trial judge denied an instruct
• Albanese v. Fla. Nat'l Bank OF Orlando
  823 F.2d 408· 11th Cir.· 1987-07-30 ·cited 15×
  Contracts for ice machines managed or leased back by the seller are securities if they involve an investment of money in a common enterprise with profits expected primarily from the efforts of others, even if investors retain some nominal control.
• United States v. Velleeta Jackson
  778 F.2d 933· 2d Cir.· 1985-12-03 ·cited 15×
  The court held that the entry into Jackson's bedroom was a lawful security check and her subsequent consent to search was voluntary, and that collateral estoppel did not bar her retrial on possession charges after an acquittal on conspiracy charges.
• United States v. Blum
  753 F.2d 999· 11th Cir.· 1985-02-22 ·cited 15×
  The court held that the search warrant was sufficiently particular and that items seized under the plain view exception were admissible. The court also found that the defendants knowingly and voluntarily waived their right to conflict-free counsel.
• United States v. Kroesser
  731 F.2d 1509· 11th Cir.· 1984-05-11 ·cited 15×
• United States v. Ordner
  554 F.2d 24· 2d Cir.· 1977-04-18 ·cited 15×
  The court held that the defendant's conviction for unlawful possession and transfer of firearms was valid, rejecting claims of entrapment, duress, and inconsistent jury verdicts.
• Hernandez v. State
  323 So. 2d 318· Fla. 3d DCA· 1975-12-09 ·cited 15×
  The court held that the trial court did not err in admitting lineup evidence, denying mistrials for witness remarks, admitting accomplice statements, giving additional jury instructions, or imposing consecutive sentences for robbery and murder.
• United States v. Townes
  512 F.2d 1057· 6th Cir.· 1975-03-17 ·cited 15×
  The court held that the conspiracy count should not have been dismissed and that evidence obtained from an illegal search is admissible to rebut a defendant's false testimony.
• Davis v. State
  275 So. 2d 575· Fla. 1st DCA· 1973-03-27 ·cited 15×
  Davis appeals his rape conviction based on jury verdict, challenging the voluntary nature of his confession, the sufficiency of evidence, and a jury instruction on aiding and abetting. The court upholds the conviction, finding no Miranda violation, sufficient evidence under aidin
• United States v. Kolsky
  423 F.2d 1111· 5th Cir.· 1970-04-02 ·cited 15×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for transporting a stolen vehicle across state lines, and that the jury instructions were adequate.
• Sultan v. United States
  249 F.2d 385· 5th Cir.· 1957-11-21 ·cited 15×
  The court held that the defendant could be convicted of conspiracy to conceal assets even if the initial concealment occurred before his involvement, as the offense is a continuing one. The court also found no prejudicial error in the trial proceedings.
• United States v. Dravion Sanchez Ware
  69 F.4th 830· 11th Cir.· 2023-06-01 ·cited 14×
  Dravion Sanchez Ware was convicted of thirteen counts of Hobbs Act robbery and related firearm offenses for his participation in nine armed robberies of spas, massage parlors, and a restaurant in the Atlanta area between October and November 2017. The Eleventh Circuit affirmed hi
• Serv. Experts, LLC v. Northside AIR Conditioning & Elec. Serv., Inc.
  56 So. 3d 26· Fla. 2d DCA· 2010-11-17 ·cited 14×
  Service Experts filed a notice of voluntary dismissal of its tortious interference and trade secret misappropriation lawsuit against former employees and their new employer after nearly two years of litigation and after summary judgment motion was filed. The trial court struck th
• Elandia Int'l, Inc. v. Ah Koy
  690 F. Supp. 2d 1317· S.D. Fla.· 2010-02-17 ·cited 14×
  The court held that personal jurisdiction over the defendants exists under Florida's long-arm statute for tortious acts committed outside the state that caused injury within Florida, and for contractual actions that submitted to Florida jurisdiction.