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The deliberation, discussion, or conference upon the terms of a proposed agreement; the act of settling or arranging the terms and conditions of a bargain, sale, or other business transaction." (688). He also argued he never acted as an agent for TBE.
Holding of the Court
Schaltenbrand's petition for a rehearing was granted. His conviction on the first statute, prohibiting former government employees from representing private parties before the government on matters in which they previously worked for the government was upheld, but not the second statute which prohibited former government employees from representing private parties before the government on matters in which they previously worked for the government
Court's Rationale or Reasoning for its Decision
By...
"Again, there is no dispute that Schaltenbrand had been an officer of the executive branch or that he was involved personally and substantially in the Mexican Project" (690). However, while the second statute prohibits acting as "agent or attorney for, or otherwise represent[ing]" an organization with which the agent worked previously as a member of a government, the term "agent is not defined in the statute" (690). The court "discovered no cases interpreting the term as it pertains to the statute" leading the court to conclude there was insufficient evidence that Schaltenbrand acted as an agent for TBE (690).
United States District Court for the Northern District of Alabama ruled correctly in awarding partial summary judgment in this case. The summary judgment was granted in accordance with Rule 56(c) (3), Ala. R. Civ. P. Under Rule 56(c)(3), "summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law." "If the moving party makes
United States of America, Plaintiff -- Appellee, Ann W. McRee, Joseph H. Hale, Defendants -- Appellee. United States Court of Appeals, Eleventh Circuit. Parties: United States of America (Plaintiff) v. McRee & Hale (Defendants) Facts: On February 28, 1985 the Internal Revenue Service (IRS) issued a jeopardy assessment in the amount of $1.9 million which would impact Hale's property and businesses. He was in prison at the time for securities fraud and perjury, and his affairs
U.S. v. Clemons United States of America Eugene Milton Clemons, Dedrick Germond Smith 93-6328, 1994 Parties: United States of America, (Plaintiff-Appellee); Eugene Milton Clemons, II, Dedrick Germond Smith, (Defendants-Appellants) Facts: On the evening of Thursday, May 28, 1992 there were two convergent events that occurred at a Birmingham, Alabama Chevron Station. 1) George Althouse, Mark Hobbes and Naylor Braswell, all law enforcement personnel, planned to meet to discuss the next day's activities. Naylor was Althouse's
As an alternative, on the foundation of information obtained from confidential informants, the government petitioned the district court to give permission for the placement of an electronic surveillance wire tap on Jesus Zambrana's private telephone. Information obtained over this wire tap led law enforcement officers to think that Ernest Lonzo and another unidentified person were carrying narcotics from Miami, Florida, to Jesus Zambrana's house in Gary, Indiana. On the foundation
authority to legislate is derived. Determine whether or not Congress has unreasonably and unlawfully expanded upon an identified source's authority to legislate. Provide a rationale for your response. Congress is one authority which has the ability to legislate. The executive branch of government (the President) is another authority to legislate. These authorities have the ability to move a bill which has been proposed for legislation forward or backward. One arena where
Crimes in the U.S. Introduction Contrary to US civil law, the nation’s criminal law represents a legal system which deals with penalizing those who perpetrate criminal offenses. Among the many criminal laws of the nation is its 1994 Violent Crime Control and Law Enforcement Act or, simply, crime bill. The bill’s enactment was, in a number of ways, characteristic of the tough-on-criminals bipartisan campaign of the latter part of the past century.