Challenging The Internal Revenue Code’s Omnibus Clause

Law360, New York (March 17, 2017, 10:45 AM EDT) -- Joseph Martini

Judd Lindenfeld Recently, two judges on the Second Circuit Court of Appeals dissented to an order by the Second Circuit denying rehearing en banc. The case was United States v. Marinello, and the Second Circuit panel upheld nine convictions of Carlo Marinello for tax code violations.

The dissenting opinion to the en banc rehearing, written by Judges Dennis Jacobs and joined by Judge José Cabranes, signals that the Supreme Court could soon weigh in on the fairness of catch-all criminal statutes that are susceptible to prosecutorial abuse.

United States v. Marinello: Factual and Procedural History

Marinello was accused of...

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