Aiding And Abetting

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

• United States v. Fleming
  134 F.2d 776· 2d Cir.· 1943-03-31 ·cited 4×
  The court held that the trial judge did not err in finding the appellant guilty of aiding and abetting a violation of the Motor Carrier Act, as sufficient evidence supported guilty knowledge.
• United States v. Barton
  134 F.2d 484· 2d Cir.· 1943-03-25 ·cited 4×
  The court held that a conviction on one count is sufficient to affirm the overall conviction when sentences run concurrently.
• Timetrust, Inc. v. Sec. & Exch. Comm'n
  130 F.2d 214· 9th Cir.· 1942-07-31 ·cited 4×
  The court held that the case must be remanded for a specific finding of fact on whether the defendants devised a fraudulent scheme, as the trial court improperly converted a factual finding into a conclusion of law.
• United States v. Infusino
  130 F.2d 561· 7th Cir.· 1942-07-23 ·cited 4×
  The court held that the evidence was sufficient to establish the defendant's guilt, and it was for the jury to determine if the evidence was equally consistent with innocence or guilt.
• Jehl v. United States
  127 F.2d 585· 9th Cir.· 1942-04-21 ·cited 4×
• Blatt v. Goldner
  2011 WL 13108060· S.D. Fla.· 2024-08-21 ·cited 3×
  Plaintiff Eli Blatt sued his business partner Marc Goldner and related parties after Goldner allegedly misrepresented his business prospects and failed to properly title and assign cryptocurrency assets (NFTs and bitcoin miners) purchased with Blatt's funds to their jointly-owned
• Cochran v. The Penn Mut. Life Ins. Co.
  35 F.4th 1310· 11th Cir.· 2022-05-31 ·cited 3×
  The Securities Litigation Uniform Standards Act (SLUSA) bars state law class action claims alleging misrepresentation or omission in connection with the purchase or sale of a covered security, even if framed as a breach of fiduciary duty based on a conflict of interest.
• S.Y. v. Naples Hotel Co.
  M.D. Fla.· 2021-04-29 ·cited 3×
  A sex trafficking victim sued Choice Hotels International and a hotel franchisee operator alleging she was trafficked at a Quality Inn hotel between 2013 and February 2016, and the defendants denied motions to dismiss her claims for violation of the Trafficking Victims Protection
• Esmine Dorsainville v. State
  203 So. 3d 1010· Fla. 4th DCA· 2016-11-09 ·cited 3×
  The court held that the State failed to present sufficient evidence to prove the defendant was a principal to the robbery by sudden snatching.
• State v. Cisneros
  106 So. 3d 42· Fla. 2d DCA· 2013-02-01 ·cited 3×
  The State appeals the dismissal of RICO, conspiracy, trafficking, and conspiracy to traffic charges against Cisneros based on improper venue. The court affirms dismissal of the RICO and conspiracy charges but reverses the dismissal of the trafficking charge, remanding it for tran
• Jackson v. State
  37 So. 3d 370· Fla. 2d DCA· 2010-05-28 ·cited 3×
  Jackson was convicted of cocaine trafficking and conspiracy in Hillsborough County, but the appellate court reversed the trafficking conviction because the evidence showed Jackson possessed the cocaine only in South Florida (Broward/Dade County), not in Hillsborough County where
• In re Chiquita Brands Intern.
  690 F. Supp. 2d 1296· S.D. Fla.· 2010-02-04 ·cited 3×
  The court held that plaintiffs sufficiently pled fraudulent concealment to avoid dismissal based on the statute of limitations, and that the allegations of international terrorism were adequate.
• Infante v. Bank of Am. Corp.
  680 F. Supp. 2d 1298· S.D. Fla.· 2010-01-19 ·cited 3×
  The court held that the plaintiff failed to state claims for fraud and TILA rescission, warranting dismissal with prejudice.
• Mukamal v. Bakes
  383 B.R. 798· S.D. Fla.· 2007-11-05 ·cited 3×
  The court held that the plaintiff, as a trustee, lacked standing to pursue claims on behalf of creditors against third parties like Ernst & Young and the Wellspring Defendants, as these claims were not directly assigned to the trust under the plan.
• Design Pallets, Inc. v. Grayrobinson, P.A.
  515 F. Supp. 2d 1246· M.D. Fla.· 2007-08-06 ·cited 3×
  Design Pallets, Inc. and its shareholders sued GrayRobinson, P.A., alleging that the law firm's attorneys orchestrated a scheme to defraud them of control of a valuable patent through mail and wire fraud, RICO violations, legal malpractice, and breach of fiduciary duty. The attor
• In re Sinaltrainal Litigation
  474 F. Supp. 2d 1273· S.D. Fla.· 2006-09-29 ·cited 3×
  The court held that the plaintiffs' allegations were too conclusory, vague, and attenuated to adequately plead a violation of the law of nations, thus the court lacked subject matter jurisdiction under the Alien Tort Claims Act.
• United States v. Stickle
  355 F. Supp. 2d 1317· S.D. Fla.· 2004-10-06 ·cited 3×
  The court held that the defendants failed to demonstrate a substantial imbalance of inconvenience to warrant transferring the case, and that the indictment sufficiently alleged venue and did not contain fatal duplicity.
• Del. Opinion 35990
  964 P. 02· Del.· 2002-11-04 ·cited 3×
  The Court reversed the Court of Chancery's dismissal of fiduciary duty claims, holding that while parties can agree to arbitrate disputes arising out of or in connection with their contract, such arbitration clauses only extend to claims that touch upon the legal rights created b
• United States v. Paulino
  996 F.2d 1541· 3d Cir.· 1993-06-28 ·cited 3×
• Arthur Child's. Tr. v. Keim
  994 F.2d 1390· 9th Cir.· 1993-06-01 ·cited 3×
  The court held that summary judgment for Keim was improper because factual issues remained regarding his status as a controlling person and his good faith defense. The court also reversed sanctions against Piccoli, finding his opposition to summary judgment was not frivolous.
• United States v. Salamanca
  990 F.2d 629· D.C. Cir.· 1993-04-09 ·cited 3×
  The court held that there was insufficient evidence to support a conviction for "destroying an eye" with intent to maim under 18 U.S.C. § 114, as the evidence primarily indicated an intent to kill.
• United States v. Zulquarnan Khan
  993 F.2d 1368· 9th Cir.· 1993-04-06 ·cited 3×
  The court held that the defendant could not be prosecuted for using a communication facility to facilitate a drug conspiracy (Count VIII) because the doctrine of specialty was violated, as Pakistan did not unambiguously agree to extradite him for that specific offense. The court
• United States v. Dennis Ray Kottmyer (91-5826)
  961 F.2d 569· 6th Cir.· 1992-04-09 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the indictment without prejudice under the Speedy Trial Act, and that the evidence was sufficient to support Kottmyer's conviction and the mandatory minimum sentence was correctly applied to Upton.
• United States v. Abel Parama Borromeo
  954 F.2d 245· 4th Cir.· 1992-01-22 ·cited 3×
  The court affirmed the conviction, holding that the search warrant execution, double jeopardy claim, and jury instructions were not erroneous.
• United States v. Bobadilla-Lopez
  954 F.2d 519· 9th Cir.· 1992-01-09 ·cited 3×
  The dissenting judge holds that a verbatim tape recording of an oral radio transmission by a border patrol agent reporting observations of criminal activity constitutes a 'statement' under the Jencks Act and should be discoverable.
• United States v. Stuckey
  917 F.2d 1537· 11th Cir.· 1990-10-19 ·cited 3×
  The court held that the trial judge did not abuse his discretion in disqualifying counsel due to a conflict of interest, nor did he err in refusing to allow the defendant to waive that conflict.
• United States v. Frink
  912 F.2d 1413· 11th Cir.· 1990-09-26 ·cited 3×
  The court held that sufficient evidence demonstrated the appellants' willful participation in the drug conspiracy, supporting their convictions.
• State v. Prehn
  566 So. 2d 1362· Fla. 1st DCA· 1990-09-13 ·cited 3×
  The State appeals a trial court's judgment of acquittal notwithstanding the jury verdict in a cannabis sale case. The court reversed, holding that the evidence was legally sufficient to support the jury's guilty verdict on aiding and abetting charges under Florida law.
• Aberbach v. Wekiva Assocs., Ltd.
  735 F. Supp. 1032· S.D. Fla.· 1990-04-06 ·cited 3×
  The court denied most defendants' motions to dismiss securities fraud claims, finding that plaintiffs sufficiently pleaded primary and secondary liability under Section 10(b) and Rule 10b-5, but granted the Trustee's motion to dismiss the primary liability claim against him.
• United States v. Kindig
  854 F.2d 703· 5th Cir.· 1988-08-26 ·cited 3×
  The court held that the evidence was sufficient to support the convictions for federal banking law violations, and that the defendants' Sixth Amendment rights were not violated by restrictions on cross-examination.
• United States v. Marge Garcia
  854 F.2d 340· 9th Cir.· 1988-08-16 ·cited 3×
  The federal offense of kidnapping is a continuing one, and the statute of limitations does not begin to run until the victim is no longer held. The evidence supported a finding that Marge Garcia aided in holding the victim within the limitations period.
• United States v. Betty J. Johnson (86-1993)
  831 F.2d 124· 6th Cir.· 1987-10-15 ·cited 3×
  The court held that a non-practitioner selling bogus prescriptions for controlled substances can be convicted of unlawful distribution, and that sufficient evidence supported the conspiracy convictions of all defendants.
• United States v. Attardi
  796 F.2d 257· 9th Cir.· 1986-07-31 ·cited 3×
  The court held that the airport detention and search were lawful under the Fourth Amendment, and the admission of evidence, including Attardi's notes, was proper or harmless error.
• White v. Wainwright
  632 F. Supp. 1140· S.D. Fla.· 1986-03-31 ·cited 3×
  The court held that the imposition of the death penalty was not unconstitutional under Enmund v. Florida, as the Petitioner was present, armed, and fully participated in the robbery and murders.
• Cosmopolitan Credit & Inv. Corp. v. Blyth Eastman Dillon & Co.
  507 F. Supp. 954· S.D. Fla.· 1981-02-23 ·cited 3×
  The court held that the defendant was a bona fide purchaser of the GNMA certificates and therefore not liable for conversion, and also granted summary judgment on the 10b-5 claim.
• Fisher v. State
  365 So. 2d 1055· Fla. 4th DCA· 1978-12-27 ·cited 3×
  Edmund Fisher was convicted as an aider and abettor to a burglary committed by his roommate Ralph Barrow and Donald Pridemore. The Fourth District Court of Appeal reversed the conviction, finding the evidence insufficient to prove Fisher's knowing participation in the crime.
• United States v. Ashley
  587 F.2d 841· 6th Cir.· 1978-11-30 ·cited 3×
  The court held that the jury instruction on the inference from possession of recently stolen property was plain error as applied to the defendant for the interstate transportation charge, but sufficient evidence supported the conviction for selling the stolen automobile.
• Fountain v. State
  163 So. 2d 30· Fla. 3d DCA· 1964-04-07 ·cited 3×
  Fred Fountain was convicted of grand larceny for aiding and abetting a scheme to steal avocados. The court affirmed his conviction, holding that under Florida law, one who procures, aids, or abets a crime can be convicted as a principal even if not present at the commission of th
• Ritchie v. United States
  112 F.4th 1344· 11th Cir.· 2024-08-21 ·cited 2×
  A lawyer is not constitutionally ineffective for failing to advise a client about potential future changes in the law or to predict how a court might interpret an unsettled legal question.
• Smith v. Marcus & Millichap
  106 F.4th 1091· 11th Cir.· 2024-06-28 ·cited 2×
  The Eleventh Circuit held that the residents waived their objections to the district court's dismissal based on Colorado River abstention and affirmed the denial of their motion to amend due to a failure to timely object.
• Perlman v. PNC Bank, N.A.
  38 F.4th 899· 11th Cir.· 2022-06-27 ·cited 2×
  The Eleventh Circuit held that Florida Statute § 501.207(3) does not overcome the standing requirement established in Isaiah v. JPMorgan Chase Bank, which mandates that a receiver must allege the presence of at least one innocent director or stockholder to bring common law tort c
• S. Y. v. Naples Hotel Co.
  M.D. Fla.· 2021-04-13 ·cited 2×
  The court held that the complaint sufficiently alleged claims under the Trafficking Victims Protection Reauthorization Act and Florida's civil RICO statute, denying the defendants' motion to dismiss.
• United States v. Geovanys Guevara
  894 F.3d 1301· 11th Cir.· 2018-07-11 ·cited 2×
  Geovanys Guevara was convicted of violating 31 U.S.C. § 5324(b)(2) and 18 U.S.C. § 2 by causing a car dealership to file Form 8300s with material misstatements regarding his identity as the purchaser of three sports cars purchased with cash over $10,000. The Eleventh Circuit affi
• Daniel S. Newman FOR Founding P'rs Stable Value Fund, LP v. Ernst & Young, LLP
  231 So. 3d 464· Fla. 4th DCA· 2017-10-11 ·cited 2×
  The Fourth District Court of Appeal addressed whether claims assigned to a court-appointed receiver by individual investors in failed investment funds were subject to arbitration agreements signed only by the funds themselves. The court held that while derivative claims are subje
• Samana Inc. v. Lucena
  2016 U.S. Dist. LEXIS 4860· S.D. Fla.· 2016-01-06 ·cited 2×
• KPMG LLP v. Cocchi
  88 So. 3d 327· Fla. 4th DCA· 2012-05-02 ·cited 2×
  KPMG appealed a denial of its motion to compel arbitration of claims brought by limited partners who lost investments in Madoff-related funds. After the U.S. Supreme Court vacated the court's prior opinion for failing to address all claims, the court reconsidered and held that tw
• Martinez v. Hutton (In Re Harwell)
  414 B.R. 770· M.D. Fla.· 2009-08-31 ·cited 2×
  The court affirmed the bankruptcy court's summary judgment, holding that the law firm was not an 'initial transferee' under the Bankruptcy Code because it acted as a mere conduit for funds, lacking dominion and control.
• Lukce Aime v. State
  4 So. 3d 57· Fla. 4th DCA· 2009-02-18 ·cited 2×
  The defendant was convicted of manslaughter with a firearm after being charged with first-degree murder in a shooting incident. The appellate court reversed the conviction, holding that the state failed to introduce sufficient evidence to prove beyond a reasonable doubt that the
• Sheppard v. State
  996 So. 2d 260· Fla. 2d DCA· 2008-12-24 ·cited 2×
  Kenneth Sheppard appealed his convictions for delivery and possession of cocaine. The court affirmed his delivery conviction but reversed the possession conviction, holding that aiding and abetting in the sale of drugs does not constitute aiding and abetting in the possession of
• Sec. & Exch. Comm'n v. Solow
  554 F. Supp. 2d 1356· S.D. Fla.· 2008-05-14 ·cited 2×
  The court granted the SEC's motion for remedies, permanently enjoining the defendant from violating securities laws, ordering disgorgement of ill-gotten gains, and imposing a civil penalty.