Aiding And Abetting

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

• Cordova v. Lehman Bros., Inc.
  526 F. Supp. 2d 1305· S.D. Fla.· 2007-12-07 ·cited 2×
  The court held that the plaintiffs' allegations failed to meet the particularity requirements for fraud claims under Section 10(b) and Rule 10b-5, and that the Liberty Trust constituted a one-time investment decision, rendering post-investment statements non-actionable.
• Cordova v. Lehman Bros., Inc.
  413 F. Supp. 2d 1309· S.D. Fla.· 2006-01-17 ·cited 2×
  The court held that the Securities Litigation Uniform Standards Act (SLUSA) preempts the plaintiffs' state law claims because the retirement trusts at issue constitute 'covered securities' and the alleged misrepresentations and omissions occurred 'in connection with' their purcha
• McMILLAN v. State
  896 So. 2d 873· Fla. 2d DCA· 2005-02-25 ·cited 2×
  McMillan was convicted of promoting a sexual performance by a child. The court affirmed his conviction but reversed his sentence and remanded for resentencing because victim injury points for sexual penetration were improperly included on the sentencing scoresheet, as McMillan di
• Sabeta v. Baptist Hosp. of Miami, Inc.
  410 F. Supp. 2d 1224· S.D. Fla.· 2005-02-23 ·cited 2×
  The court held that a hospital's tax-exempt status under 26 U.S.C. § 501(c)(3) does not create a contract with the government or an implied charitable trust enforceable by patients, and thus dismissed claims based on these theories.
• Daewoo Motor Am., Inc. v. Gen. Motors Corp.
  315 B.R. 148· M.D. Fla.· 2004-08-26 ·cited 2×
  The court held that the Korean court's orders approving the Master Transaction Agreement and Modified Reorganization Plan did not violate the automatic stay because DMA's distribution rights under the Distribution Agreement did not extend to vehicles manufactured by GMDAT, and th
• United States v. AETNA Life Ins. Co.
  319 F.3d 1292· 11th Cir.· 2003-01-28 ·cited 2×
  Fiscal intermediaries processing Medicare Part A claims enjoy statutory immunity under 42 U.S.C. § 1395h(i)(3) for approving and disbursing payments certified by their officers, even when those payments are based on fraudulent claims submitted by providers. The Eleventh Circuit a
• Cabello Barrueto v. Fernandez Larios
  205 F. Supp. 2d 1325· S.D. Fla.· 2002-06-05 ·cited 2×
  Plaintiffs, family members of Winston Cabello who was allegedly executed by Chilean military officers during the 1973 Pinochet coup, sued Defendant Armando Fernández Larios under the Alien Tort Claims Act and Torture Victim Protection Act for extrajudicial killing, torture, crime
• State v. C.H.
  747 So. 2d 450· Fla. 4th DCA· 1999-12-15 ·cited 2×
  The State appealed the dismissal of a delinquency petition against a juvenile who allegedly aided and abetted car burglaries by providing rubber gloves to the primary perpetrator. The court reversed, holding that the facts alleged were sufficient to establish aiding and abetting
• Baker v. Petway
  740 So. 2d 1235· Fla. 1st DCA· 1999-08-25 ·cited 2×
  The court held that appellants should be allowed to amend their complaint to properly name a limited partnership as a defendant, as service on its general partner was sufficient to establish jurisdiction.
• Villafana v. State
  728 So. 2d 260· Fla. 5th DCA· 1999-01-08 ·cited 2×
  The Villafanas, non-physicians who owned a medical services corporation, were convicted of practicing medicine without a license and manslaughter for employing an unlicensed foreign-trained physician whose misdiagnosis resulted in a patient's death. The appellate court affirmed t
• C.O'D. v. State
  696 So. 2d 492· Fla. 4th DCA· 1997-07-02 ·cited 2×
• Jones v. State
  691 So. 2d 33· Fla. 4th DCA· 1997-04-02 ·cited 2×
  Carlos Jones appeals his conviction for strong-arm robbery and 30-year habitual violent felony offender sentence. The Fourth District Court of Appeal affirms, finding sufficient evidence of Jones's participation in the robbery as an aider and abettor.
• A.D.W. v. State
  667 So. 2d 485· Fla. 2d DCA· 1996-02-02 ·cited 2×
  Appellant A.D.W., a juvenile, was convicted of grand theft and burglary. The Florida appellate court affirmed the burglary conviction for aiding and abetting but reversed the grand theft conviction due to insufficient evidence of the property's value, reducing it to petty theft.
• Brown v. State
  657 So. 2d 903· Fla. 4th DCA· 1995-05-03 ·cited 2×
• Santos v. State
  644 So. 2d 171· Fla. 4th DCA· 1994-10-26 ·cited 2×
  Appellant's grand theft conviction was reversed as erroneous under Sirmons, but his two robbery convictions were affirmed because the codefendant's theft of jewelry was a natural and probable consequence of the conspiracy to rob the store.
• Amrhein v. State
  622 So. 2d 172· Fla. 2d DCA· 1993-08-11 ·cited 2×
  The court affirmed the convictions, finding sufficient evidence for jury consideration of aiding and abetting and that the Independent Act Doctrine issue was not preserved for appeal.
• United States v. Smiley
  997 F.2d 475· 8th Cir.· 1993-07-07 ·cited 2×
  The court held that the district court erred in including an unproven quantity of heroin in the sentencing calculation.
• United States v. Harris
  997 F.2d 812· 10th Cir.· 1993-07-01 ·cited 2×
  The court held that the government's conduct in providing a known addict with a small amount of cocaine as compensation for facilitating drug transactions did not rise to the level of outrageous government conduct violating due process.
• United States v. James
  998 F.2d 74· 2d Cir.· 1993-06-29 ·cited 2×
  The court held that a defendant can be convicted of aiding and abetting an armed bank robbery even if they only become aware of the robbery and participate during the escape phase, but the sentence enhancement for weapon use should be three levels, not four.
• United States v. Mora
  994 F.2d 1129· 5th Cir.· 1993-06-28 ·cited 2×
  The court affirmed the convictions, finding no reversible error in the entrapment defense, discovery rulings, informant production, cross-examination restrictions, or sufficiency of the evidence.
• United States v. Innamorati
  996 F.2d 456· 1st Cir.· 1993-06-17 ·cited 2×
  The court affirmed most convictions but reversed one possession conviction due to insufficient evidence, remanding for resentencing. The court also addressed the admissibility of grand jury testimony.
• United States v. Brennan
  994 F.2d 918· 1st Cir.· 1993-06-03 ·cited 2×
  The court affirmed the convictions, finding sufficient evidence and no reversible error in the trial court's decisions regarding evidence, jury instructions, or procedural matters.
• United States v. Termini
  992 F.2d 879· 8th Cir.· 1993-05-17 ·cited 2×
  The court held that the evidence was insufficient to sustain a conviction for aiding and abetting money laundering, as mere association with illegal activities and collection of funds does not prove intent to conceal.
• United States v. Hernandez
  995 F.2d 307· 1st Cir.· 1993-05-12 ·cited 2×
  The court affirmed convictions, holding that jury instructions were adequate, evidence supported convictions for conspiracy, possession, and firearm offenses, and entrapment defense was not warranted.
• United States v. Crawford
  991 F.2d 1328· 7th Cir.· 1993-04-23 ·cited 2×
  The court held that undelivered marijuana negotiated by the defendant, even if not part of a conspiracy conviction, can be attributed to him for sentencing if it was part of the same course of conduct and reasonably foreseeable, and if the defendant intended and was capable of co
• United States v. Branch
  989 F.2d 752· 5th Cir.· 1993-04-14 ·cited 2×
  The court held that the defendants' claims of Batson error, insufficient evidence, and instructional error lacked merit, and that severance was not warranted.
• United States v. Hoster
  988 F.2d 1374· 5th Cir.· 1993-04-07 ·cited 2×
  The court held that the district court plainly erred by not considering the effect of U.S.S.G. § 2D1.11 on the defendant's sentence, and that the calculation of the base offense level was incorrect.
• United States v. Ritter
  989 F.2d 318· 9th Cir.· 1993-03-25 ·cited 2×
  The court held that there was insufficient evidence to convict defendants of conspiracy to commit murder-for-hire because Ritter lacked knowledge of payment and Bliss's only coconspirators were government agents. The court affirmed convictions for aiding and abetting the making o
• Zupnick v. Fogel
  989 F.2d 93· 2d Cir.· 1993-03-22 ·cited 2×
  The non-settling defendants lack standing to appeal the district court's orders approving the partial settlements because the settlements do not legally prejudice their rights.
• United States v. Franz
  818 F. Supp. 1478· M.D. Fla.· 1993-03-18 ·cited 2×
  The court held that the superseding indictment was not subject to dismissal, finding the Analogue Act constitutional and its application to MDMA proper.
• United States v. Morris
  988 F.2d 1335· 4th Cir.· 1993-03-10 ·cited 2×
  The court held that it is reversible error, subject to harmless error analysis, for a prosecutor to cross-examine the wife of an accused about her invocation of the marital privilege before the grand jury. The court also held that the district judge's prior involvement with a key
• United States v. Streich
  987 F.2d 104· 2d Cir.· 1993-03-01 ·cited 2×
  The court affirmed the district court's sentencing enhancements, holding that the defendant waived his right to challenge factual allegations in the Presentence Report by failing to object properly, and that hearsay evidence is admissible at sentencing.
• United States v. Conkins
  987 F.2d 564· 9th Cir.· 1993-02-18 ·cited 2×
  The court held that a prior plea agreement did not bar subsequent prosecution for uncharged conduct, collateral estoppel did not apply to distinct conspiracy and substantive charges, and that certain defendants required resentencing due to the district court's failure to make exp
• United States v. Hamlin
  986 F.2d 384· 10th Cir.· 1993-02-17 ·cited 2×
  The court held that the evidence was sufficient to support the appellant's convictions for conspiracy and carrying firearms during a drug trafficking crime, as well as for being a felon in possession of a firearm.
• United States v. Salisbury
  983 F.2d 1369· 6th Cir.· 1993-01-15 ·cited 2×
  The court held that the indictment was unconstitutionally vague as applied to the defendant's conduct and that the jury instructions were confusing and misleading, constituting reversible error.
• United States v. Pardue
  983 F.2d 843· 8th Cir.· 1993-01-04 ·cited 2×
  The dissenting judge would hold that the grandfather was entrapped as a matter of law and that the district court's judgment of acquittal should be sustained.
• United States v. Medina-Gutierrez
  980 F.2d 980· 5th Cir.· 1992-12-23 ·cited 2×
  The court affirmed Stevens's sentence, finding his prior convictions properly triggered enhanced sentencing, but vacated Gutierrez's sentence due to an improper upward departure.
• Castillo v. Stainer
  983 F.2d 145· 9th Cir.· 1992-12-22 ·cited 2×
  The court held that while the trial court erred in failing to follow proper procedures for shackling the defendant, the error was harmless beyond a reasonable doubt because the restraints were not visible to the jury and did not impede the defendant's ability to communicate with
• United States v. Pedro Martinez (91-1908) & Va. Escamilla (91-2131)
  981 F.2d 867· 6th Cir.· 1992-12-09 ·cited 2×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on voir dire, prosecutorial argument, indictment sufficiency, evidence variance, sufficiency of evidence, admission of prior bad acts, or jury instructions.
• United States v. Maltos
  985 F.2d 743· 5th Cir.· 1992-11-30 ·cited 2×
  The court held that the evidence was insufficient as a matter of law to sustain the jury's verdict for conspiracy to possess with intent to distribute cocaine.
• United States v. Robins
  978 F.2d 881· 5th Cir.· 1992-11-20 ·cited 2×
  The court affirmed the conviction and sentence, finding no abuse of discretion in jury instructions, no fatal variance in verdicts, no error in handling the electronic surveillance claim, no prejudice from co-defendant's remarks, and no error in sentencing calculations.
• Anixter v. Home-Stake Prod. Co.
  977 F.2d 1549· 10th Cir.· 1992-10-23 ·cited 2×
  The court held that individual investor claims were time-barred and dismissed, but remanded for further findings on the statute of limitations and prejudgment interest for class action claims, affirming the denial of tax benefit offsets.
• United States v. Vance Murphy
  977 F.2d 503· 10th Cir.· 1992-10-05 ·cited 2×
  The court held that 21 U.S.C. § 857 contains an implied scienter requirement and is not unconstitutionally vague, reversing the district court's dismissal of the indictment.
• United States v. Levy
  969 F.2d 136· 5th Cir.· 1992-08-11 ·cited 2×
  The court held that the defendants' cash-for-checks money laundering scheme qualified them as 'financial institutions' under the Currency Transaction Reporting Act, and that causing an undercover agent to travel interstate for illegal purposes constitutes a violation of the Trave
• United States v. Gregory L.A. Thomas
  971 F.2d 147· 8th Cir.· 1992-07-31 ·cited 2×
  The court held that the defendant's convictions for conspiracy to possess cocaine and aiding and abetting possession of cocaine did not violate the double jeopardy clause, as the offenses require proof of different facts. The court also found no reversible error in the jury selec
• United States v. Restrepo
  966 F.2d 964· 5th Cir.· 1992-07-21 ·cited 2×
  The court's majority opinion, which the concurring judge agrees with in methodology, found the warrant affidavit sufficient for probable cause after excluding illegally obtained information.
• United States v. Muhammad Khan
  969 F.2d 218· 6th Cir.· 1992-07-14 ·cited 2×
  The Sentencing Guidelines do not permit an automatic increase in offense level based on an estimated fraud loss when the fraudulent activity could not have resulted in any actual loss.
• United States v. Baldemar Sambrano Villarreal and Reynaldo Sambrano Villarreal
  963 F.2d 725· 5th Cir.· 1992-06-08 ·cited 2×
  The court held that 21 U.S.C. § 848(e)(1)(B) creates a substantive offense, not merely a sentencing provision, and that the denial of severance was not an abuse of discretion. The court also rejected claims regarding improper jury exclusion and prosecutorial misconduct.
• United States v. Miller
  962 F.2d 739· 7th Cir.· 1992-05-11 ·cited 2×
  The court affirmed the sentence enhancement, finding that even if the district court erred in its calculation method, the error was harmless due to the proximity of the figures. The concurring opinion argues for using actual economic loss rather than loan proceeds to calculate lo
• Dunn v. Roberts
  963 F.2d 308· 10th Cir.· 1992-05-01 ·cited 2×
  The court held that the state trial court's refusal to fund a psychiatric expert for an indigent defendant, when her mental condition was a significant factor in her defense, violated her due process rights.