The Supreme Court has denied certiorari in United States v. Coplan, 703 F.3d 46 (2d Cir. 2012). See Supreme Court docket entries here. The key issue presented on certiorari was whether the scope of the defraud / Klein conspiracy had impermissibly expanded beyond the scope of the criminal conspiracy statute's text. See 18 USC 371, here. The Second Circuit panel majority had questioned whether the expansion was appropriate but was constrained by the fact that the expansion was based on Supreme Court authority. Only the Supreme Court could overrule the expansion, and it chose not to even address the issue.
For prior blogs on this aspect of Coplan, see:
Jack Townsend offers this blog on Federal Tax Crimes principally for tax professionals and tax students. It is not directed to lay readers -- such as persons who are potentially subject to U.S. civil and criminal tax or related consequences. LAY READERS SHOULD READ THE PAGE IN THE RIGHT HAND COLUMN TITLE "INTENDED AUDIENCE FOR BLOG; CAUTIONARY NOTE TO LAY READERS." Thank you.
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Wednesday, October 16, 2013
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