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United States v. Licciardi

United States Court of Appeals for the Ninth Circuit
30 F.3d 1127 (1994)

Written by Sharon Feldman, JD

Facts

Licciardi (defendant) and his father were partners in a grape-brokerage business that bought grapes from growers and sold them to Delicato Vineyards (Delicato). Licciardi agreed with certain wine growers to misrepresent the variety and origin of grapes they sold in order to obtain a higher price for the grapes than their actual value. Licciardi was charged with conspiracy to defraud the United States by obstructing the lawful function of the Bureau of Alcohol, Tobacco and Firearms (BATF) and conspiracy to obtain money from Delicato by fraud in violation of the mail-fraud statute. The indictment alleged that the object of the conspiracy was to defraud Delicato by selling mislabeled grapes. Licciardi was convicted and argued on appeal that the government (plaintiff) failed to prove that Licciardi had an intention to defraud the United States.

Rule of Law

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Issue

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Holding and Reasoning (Noonan, J.)

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Concurrence (Fletcher, J.)

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