holding that the declarants’ unidentified status precluded compliance with the notice provision and consequently rendered the statements inadmissible under Rule 807
How later courts described this case
- holding that the declarants’ unidentified status precluded compliance with the notice provision and consequently rendered the statements inadmissible under Rule 807
- “Provided the requisite intent is shown, the official’s failure to disclose the existence of a direct interest in a matter that he is passing on defrauds the public and pertinent public bodies of their intangible right to honest, loyal, faithful and disinterested government.”
- “highly unlikely that Congress . . . intended to make a conviction under the statute turn on a showing that the defendant was in some way a member of ‘organized crime’ ”
- reinstating the convictions and affirming the district court
Written by the judges who cited it.
The opinion
PER CURIAM:
The judgments of conviction are affirmed by an equally divided court.
A majority of the members of the en banc court would affirm the judgments of conviction against all of the contentions of the appellants except the claim of error in the charge to the jury which was the point upon which there was equal division.
AFFIRMED.