Opinion · Supreme Court of the United States

Pinckard v. Pinckard

461 U.S. 913

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1983-05-02
Topic
general

How later courts describe this case

  • overwhelming evidence that victim would lose its position as town and county insurance broker if payments not met
  • "The prohibition against schemes or artifices to defraud is properly interpreted to be independent of the clause 'for obtaining money or property.' "
  • “the concepts of reliance, and de facto control and dominance ... are at the heart of fiduciary duty”
  • ballot initiative banning storage of radioactive waste generated out of state and transportation of such waste to disposal sites within the state
  • conduct charged in mail fraud indictment was within power of government to proscribe and application of statute in this case would not deter protected political activities in other contexts
  • mail fraud indictment for political corruption will not chill legitimate political associational activities protected by first amendment
  • “The broad language of the statute ... is not unconstitutionally vague because [the statute] contains the requirement that the defendant must have acted willfully and with a specific intent to defraud.”
  • rights of citizens to have government conducted honestly and free from corruption and fraud

Citator

UpLaw has not yet analyzed Pinckard v. Pinckard. The absence of a flag is not a finding that it is good law.

Cited by
288 opinions

Ct. App. Tex., 14th Sup. Jud. Dist. Certiorari denied.