Caronia And Harkonen — Lessons For The Gov't

Law360, New York (April 23, 2013, 1:15 PM EDT) -- While a slight modification of the ancient biblical pronouncement, this is the core message of the Second Circuit's opinion in United States v. Caronia[1] opinion, when viewed in light of the Ninth Circuit's ruling in United States v. Harkonen.[2]

When the Second Circuit issued its opinion in Caronia this past December, it was the first time that the government had faced appellate review of its off-label prosecution theories predicated on a record of truth. It didn't matter — the government urged the Second Circuit that everything...
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