White collar defense @PBWTLaw. Former SDNY federal prosecutor. Editor @2ndcircuitblog. Podcast co-host, occasional commentator about crim law. Let's Go Mets!
Dec 16, 2018 • 14 tweets • 4 min read
Rainy day thread: There has been a lot of discussion here about Section 371 and using the crime of conspiring to defraud the United States to charge Trump or others. In the Second Circuit, this charge has long been called a "Klein Conspiracy." 1/10
In 2014, in US v. Coplan, the Second Circuit stated that using Section 371 to prosecute defrauding the United States created "a common law crime, [one] created by the courts rather than Congress[.]" 2/10
