Quimbee logo
DMCA.com Protection Status

United States v. Sarantos

455 F.2d 877 (1972)

Case BriefRelatedOptions
From our private database of 31,100+ case briefs...

United States v. Sarantos

United States Court of Appeals for the Second Circuit

455 F.2d 877 (1972)

Facts

The government (plaintiff) charged Constantine Makris and attorney Robert Sarantos (defendants) in a conspiracy to help Greek men obtain visas. Makris was essentially a marriage broker who found Puerto Rican women willing to marry Greek men for payment and arranged sham marriages. Shortly after the marriage ceremonies, the newlyweds visited Sarantos’s office, where the wife signed a blank visa petition that Sarantos completed and filed with the Immigration and Naturalization Service (INS) falsely stating that each couple lived together as husband and wife. Sarantos told the wives to tell the INS they lived with their husbands and not to mention the payments to marry. Some newlyweds needed interpreters or signed divorce papers simultaneously with immigration papers. Sarantos knew the wives were paid and knew at least indirectly that the couples were not living together. Several couples purported to live in buildings considered “safe” addresses because other Sarantos clients owned or managed the buildings and were expected to deceive INS investigators. Makris and Sarantos were charged with conspiring to make false statements to the INS and defraud the government. Sarantos was also charged with aiding and abetting others to make false statements to the INS. The trial judge instructed that the aiding-and-abetting-false-statements charges required the jury to conclude Sarantos knew the statements were false and that he “knowingly and wilfully” participated in making them to the INS. After defining “knowingly and wilfully” as knowing what one is doing as opposed to an inadvertent or careless act, the judge explained that requirement would be met if Sarantos “acted with reckless disregard of whether the statements made were true or with a conscious effort to avoid learning the truth,” even if Sarantos was not specifically aware of facts that would prove the statements false. Sarantos’s attorney objected on the ground that reckless disregard of falsity or conscious effort to avoid learning the truth did not amount to knowledge, but the judge overruled the objection. The jury convicted Sarantos of aiding and abetting making the false statements and conspiracy. Sarantos appealed.

Rule of Law

Issue

Holding and Reasoning (Feinberg, J.)

What to do next…

  1. 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 556,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 556,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 31,100 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 556,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 31,100 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership