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Thursday, March 7, 2019

District Court Rejects Argument that Marinello Applies to Defraud / Klein Conspiracy (3/7/19)

In United States v. Parlato, 2019 U.S. Dist. LEXIS 33035 (W.D. NY 2019), here, the Court rejected Parato's argument that the Supreme Court's decision in Marinello v. United States, ___ U.S. ___, 138 S. Ct. 1101 (2018), limiting tax obstruction (§ 7212(a)) could similarly limit the defraud / Klein conspiracy.  The opinion is short so I do not further attempt to summarize it.  The underlying Magistrate report and recommendation is here.

Prior blog entries on this issue include the following (reverse chronological order):

  • Two Cases Involving Marinello (Federal Tax Crimes Blog 1/15/19), here.
  • What Are the Implications for Marinello on the Defraud / Klein Conspiracy? (Federal Tax Crimes Blog 3/24/18), here.
  • More on the Marinello Transcript of Oral Argument (Federal Tax Crimes Blog 12/9/17), here.
  • First Comments on the Marinello Oral Argument Transcript (Federal Tax Crimes Blog 12/6/17), here.
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