United States v. Brechner
United States Court of Appeals, Second Circuit
99 F.3d 96 (1996)
Brechner (defendant) offered to plead guilty to four counts of income tax evasion and in exchange the government agreed not to prosecute his company or his family for their involvement. Seeking a downward departure on his sentence, Brechner offered to provide information about bribes he paid to a corrupt bank officer. Brechner also agreed to tell the prosecution about the sources of his unreported income. Brechner and the prosecutor entered into an agreement whereby Brechner agreed to provide complete and accurate information and the government agreed to move for a downward departure on Brechner’s behalf. However, at a debriefing, the prosecutor asked Brechner about his unreported income. Brechner initially lied and said he had received no kickbacks from the two sources to which the prosecutor referred. Brechner’s attorney requested a moment to speak with his client and upon returning from the short break Brechner admitted to receiving payments from the two sources. A few months later, the prosecution told Brechner that it was unwilling to move for a downward departure. The prosecution cited Brechner’s initial misrepresentations and explained that conviction would be difficult with Brechner as the only witness. At sentencing, the prosecution did not move for a downward departure. Brechner moved to compel the prosecution to request a downward departure and the district court granted the motion. The district court held that Brechner’s breach of the agreement was not material.
Rule of Law
Holding and Reasoning (Leval, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.