United States v. Jerry Fasolino, 586 F.2d 939 (2d Cir. 1978). · Go Syfert
United States v. Jerry Fasolino, 586 F.2d 939 (2d Cir. 1978). Cases Citing This Book View Copy Cite
50 citation events (12 in the last 25 years) across 16 distinct courts.
Strongest positive: Isassi v. State (texcrimapp, 2010-12-08)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (rule) Isassi v. State (3×) also: Cited "see"
Tex. Crim. App. · 2010 · confidence medium
See Cintolo, 818 F.2d at 993 (otherwise lawful means can violate § 1503 if done with corrupt intent); United States v. Baker, 611 F.2d 964, 967-69 (4th Cir.1979) (advice to grand-jury witness to invoke Fifth Amendment can violate § 1503 if it is given with a corrupt intent); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978) (attempt to exploit special relationship with trial judge held to violate § 1503); United States v. Griffin, 589 F.2d 200, 206-07 (5th Cir.1979) (“The obstruction of justice statute was drafted with an eye to 'the variety of corrupt methods by which the proper…
discussed Cited as authority (rule) Isassi, Alfred (2×) also: Cited "see"
Tex. Crim. App. · 2010 · confidence medium
See Cintolo , 818 F.2d at 993 (otherwise lawful means can violate § 1503 if done with corrupt intent); United States v. Baker , 611 F.2d 964, 967-69 (4th Cir. 1979) (advice to grand-jury witness to invoke Fifth Amendment can violate § 1503 if it is given with a corrupt intent); United States v. Fasolino , 586 F.2d 939, 941 (2d Cir. 1978) (attempt to exploit special relationship with trial judge held to violate § 1503); United States v. Griffin , 589 F.2d 200, 206-07 (5th Cir. 1979) ("The obstruction of justice statute was drafted with an eye to 'the variety of corrupt methods by which the p…
discussed Cited as authority (rule) Isassi, Alfred
Tex. Crim. App. · 2010 · confidence medium
The court of appeals found that the State presented “no evidence” that appellant acted “with an intent to influence the outcome of the proceeding on the basis of considerations 36 See Cintolo, 818 F.2d at 993 (otherwise lawful means can violate § 1503 if done with corrupt intent); United States v. Baker, 611 F.2d 964, 967-69 (4th Cir. 1979) (advice to grand- jury witness to invoke Fifth Amendment can violate § 1503 if it is given with a corrupt intent); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir. 1978) (attempt to exploit special relationship with trial judge held to violate …
cited Cited as authority (rule) United States v. Triumph Capital Group, Inc.
D. Conn. · 2003 · confidence medium
See 18 U.S.C. § 1503 ; United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978).
discussed Cited as authority (rule) United States v. Shotts
11th Cir. · 1998 · confidence medium
The Second Circuit noted that the same language in Section 1503(a), the omnibus obstruction-of-justice provision, has long been upheld as meaning with an “improper purpose.” See e.g., United States v. Cintolo, 818 F.2d 980, 990-91 (1st Cir. 1987); United States v. Rasheed, 663 F.2d 843, 852 (9th Cir. 1981); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir. 1978); Martin v. United 22 In fact, the District of Columbia Circuit itself has avoided extending its interpretation of Section 1505 to Section 1512(b).
discussed Cited as authority (rule) United States v. Shotts
11th Cir. · 1998 · confidence medium
The Second Circuit noted that the same language in Section 1503(a), the omnibus obstruction-of-justice provision, has long been upheld as meaning with an “improper purpose.” See e.g., United States v. Cintolo, 818 F.2d 980, 990-91 (1st Cir.1987); United States v. Rasheed, 663 F.2d 843, 852 (9th Cir.1981); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978); Martin v. United States, 166 F.2d 76, 79 (4th Cir.1948).
discussed Cited as authority (rule) United States v. Farrell (2×) also: Cited "see"
3rd Cir. · 1997 · confidence medium
Senator Biden and his legislative colleagues would have known that courts, in construing S 1503, had defined "corruptly" as meaning "motivated by an improper purpose." See e.g., United States v. Cintolo, 818 F.2d 980, 990-91 (1st Cir. 1987); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir. 1978); Martin v. United States, 166 F.2d 76, 79 (4th Cir. 1948) (approving a jury instruction that defined "corruptly" as "with an improper motive").
examined Cited as authority (rule) United States v. William Farrell (4×) also: Cited "see"
3rd Cir. · 1997 · confidence medium
Senator Biden and his legislative colleagues would have known that courts, in construing § 1503, had defined “corruptly” as meaning “motivated by an improper purpose.” See e.g., United States v. Cintolo, 818 F.2d 980, 990-91 (1st Cir.1987); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978); Martin v. United States, 166 F.2d 76, 79 (4th Cir.1948) (approving a jury instruction that defined “corruptly” as “with an improper motive”).
discussed Cited as authority (rule) United States v. Everett W. Thompson, Jr. (2×) also: Cited "see"
2d Cir. · 1996 · confidence medium
United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978) (construing parallel provision in 18 U.S.C. § 1503 (1976), which applied to any person who, inter alia, “corruptly, or by threats or force, or by any threatening letter or communication, endeav- or[ed] to influence, intimidate, or impede” any grand or petit juror, witness, or court officer); see also United States v. Rasheed, 663 F.2d 843, 852 (9th Cir.1981) (“corruptly” in 18 U.S.C. § 1503 (1976) required that act in question “be done with the purpose of obstructing justice”), cert. denied, 454 U.S. 1157 , 102 S.Ct. 1031…
discussed Cited as authority (rule) State v. Harris
Conn. · 1990 · confidence medium
“But such corroborative evidence need not be in and of itself sufficient to establish, independent of the admission, the corpus delicti; ‘[i]t is sufficient if the corroboration supports the essential facts admitted sufficiently to justify a jury inference of their truth.’ ” United States v. Fasolino, 586 F.2d 939, 941 (2d Cir. 1978), quoting Opper v. United States, supra, 93.
discussed Cited as authority (rule) United States v. Michael B. Mitchell Clarence M. Mitchell, III
4th Cir. · 1989 · confidence medium
Accordingly, we hold that any endeavor, including the promised exploitation of a special relationship with the chair of the investigating committee, when done with the requisite intent to corruptly influence a congressional investigation, violates § 1505. 5 See generally United States v. Fasolino, 586 F.2d 939, 941 (2nd Cir.1978) (endeavor to exploit special relationship with district court judge held to violate § 1503); United States v. Baker, 611 F.2d 964 (4th Cir.1979) (advice to grand jury witnesses to take the fifth amendment can violate § 1503 if it is given with a corrupt intent); Ci…
discussed Cited as authority (rule) United States v. Anthony J. Leisure, United States of America v. Charles M. Loewe, United States of America v. David R. Leisure, United States of America v. Paul John Leisure, A/K/A John Paul Leisure, United States of America v. Steven T. Wougamon
8th Cir. · 1988 · confidence medium
Sec. 1503 ] and its predecessor has been interpreted as embodying a concept less technical than that normally associated with an 'attempt.' "), cert. denied, 454 U.S. 857 , 102 S.Ct. 307 , 70 L.Ed.2d 152 (1981); United States v. Tedesco, 635 F.2d 902, 907 (1st Cir.1980) (" 'endeavor' connotes a somewhat lower threshold of purposeful activity than 'attempt' "), cert. denied, 452 U.S. 962 , 101 S.Ct. 3112 , 69 L.Ed.2d 974 (1981); United States v. Lazzerini, 611 F.2d 940, 941 (1st Cir.1979) (same); United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978) (endeavor "does not require proof that w…
discussed Cited as authority (rule) United States v. Melvin
cma · 1988 · confidence medium
See United States v. Garth, 773 F.2d 1469,1479 (5th Cir.1985), cert. denied, 476 U.S. 1140 , 106 S.Ct. 2246 , 90 L.Ed.2d 693 (1986); United States v. Pennell, 131 F.2d 521, 537 (6th Cir.1984), cert. denied, 469 U.S. 1158 , 105 S.Ct. 906 , 83 L.Ed.2d 921 (1985); United States v. Moore, 735 F.2d 289, 293 (8th Cir.1984); United States v. O’Connell, 703 F.2d 645, 648 (1st Cir.1983); and United States v. Fasolino, 586 F.2d 939, 941 (2d Gir.1978).
discussed Cited as authority (rule) United States v. Leisure
8th Cir. · 1988 · confidence medium
Several cases, however, have focused on this issue with respect to 18 U.S.C. § 1503 , a parallel provision with nearly identical wording which proscribes obstructing justice through influencing or injuring any officer, juror or witness. 13 These cases conclude that an “endeavor” is something less than an “attempt.” In United States v. Russell, 255 U.S. 138, 143 , 41 S.Ct. 260, 261 , 65 L.Ed. 553 (1921), the Court explained, with reference to the predecessor statute to 18 U.S.C. § 1503 , that “[t]he word of the section is ‘endeav- or,’ and by using it the section got rid of the …
discussed Cited as authority (rule) United States v. Yeoman
cma · 1987 · confidence medium
Schlueter, Military Rules of Evidence Manual 139 (2d ed. 1986); see Opper v. United States, 348 U.S. 84, 93 , 75 S.Ct. 158, 164 , 99 L.Ed. 101 (1954); e.g., United States v. Garth, 773 F.2d 1469, 1479 (5th Cir.1985), cert. denied, 476 U.S. 1140 , 106 S.Ct. 2246 , 90 L.Ed.2d 693 (1986); United States v. Pennell, 737 F.2d 521, 537 (6th Cir.1984), cert. denied, 469 U.S. 1158 , 105 S.Ct. 906 , 83 L.Ed.2d 921 (1985); United States v. Moore, 735 F.2d 289, 293 (8th Cir.1984); United States v. O’Connell, 703 F.2d 645, 648 (1st Cir.1983); United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978).
discussed Cited as authority (rule) Jenkins v. Bara
E.D.N.Y · 1987 · confidence medium
Smith v. United States, 348 U.S. 147, 152 , 75 S.Ct. 194, 197 , 99 L.Ed. 192 (1954); United States v. Pennell, 737 F.2d 521, 537 (6th Cir.1984), cert. denied, 469 U.S. 1158 , 105 S.Ct. 906 , 83 L.Ed.2d 921 (1985); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978).
discussed Cited as authority (rule) United States v. Montenieri (2×) also: Cited "see"
D. Vt. · 1986 · confidence medium
United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978); Smith v. United States, 348 U.S. 147, 151-59 , 75 S.Ct. 194, 196-200 , 99 L.Ed. 192 (1954); Opper v. United States, 348 U.S. 84, 93 , 75 S.Ct. 158, 164 , 99 L.Ed. 101 (1954).
cited Cited as authority (rule) United States v. Schwimmer
E.D.N.Y · 1986 · confidence medium
United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978).
discussed Cited as authority (rule) United States v. Marvin Roth (2×)
7th Cir. · 1985 · confidence medium
E.g., United States v. Opdahl, 610 F.2d 490 (8th Cir.1979); United States v. Fearn, 589 F.2d 1316, 1321-22 (7th Cir.1978); United States v. Johnson, 589 F.2d 716 (D.C.Cir.1978) (per curiam); United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978) (per curiam).
cited Cited as authority (rule) United States v. Billy Franklin Brand and Dennis Randall Watts
11th Cir. · 1985 · confidence medium
United States v. Silverman, 745 F.2d at 1392 ; United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978).
cited Cited as authority (rule) United States v. Harvey I. Silverman
11th Cir. · 1984 · confidence medium
United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978).
discussed Cited as authority (rule) United States v. Bridges
D.C. Cir. · 1983 · confidence medium
See, e.g., United States v. Tedesco, 635 F.2d 902, 907 (1st Cir. 1980), cert. denied, 452 U.S. 962 , 101 S.Ct. 3112 , 69 L.Ed.2d 974 (1981); United States v. Gates, 616 F.2d 1103, 1107 (9th Cir.); United States v. Fasolino, 586 F.2d 939, 940 (2d Cir. 1978); United States v. Jackson, 513 F.2d 456, 460 (D.C.Cir.1975).
discussed Cited as authority (rule) United States v. Wilson
S.D.N.Y. · 1983 · confidence medium
United States v. Fasolino, 586 F.2d 939, 941 (2d Cir.1978) (per curiam) (obstruction of justice under former § 1503 is a crime “that can be committed merely by words”); United States v. Marionneaux, 514 F.2d 1244, 1249 (5th Cir.1975); Anderson v. United States, 215 F.2d 84, 90 (6th Cir.1954); United States v. Mitchell, 397 F.Supp. 166, 172 (D.D.C.1974), aff’d, 559 F.2d 31 (D.C.Cir.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2641 , 53 L.Ed.2d 250 (1977). 53 .
discussed Cited as authority (rule) United States v. Milan Bagaric, Mile Markich, Ante Ljubas, Vinko Logarusic, Ranko Primorac, and Drago Sudar
2d Cir. · 1983 · confidence medium
So, for example, it may be permissible under various circumstances to communicate with a judge to offer mitigating information relevant to sentence, e.g., United States v. Fasolino, 449 F.Supp. 586, 587 (W.D.N.Y.), aff’d, 586 F.2d 939 (2d Cir.1978), but “an endeavor to exploit” a friendship with the judge may be found to be a “corrupt” motive, 586 F.2d at 941 ( 18 U.S.C. § 1503 ).
cited Cited as authority (rule) United States v. Abrams
S.D.N.Y. · 1982 · confidence medium
United States v. Fasolino, 586 F.2d 939, 940 (2d Cir. 1978).
discussed Cited "see" United States v. Andrew Crispo
2d Cir. · 2002 · signal: see · confidence high
See United States v. Fasolino, 586 F.2d 939, 940 (2d Cir.1978) (per curiam) (“The three elements of the crime are (1) endeavoring, (2) corruptly, (3) to influence an officer of the court or the due administration of justice.”).
discussed Cited "see" United States v. Sprecher (2×) also: Cited "see, e.g."
S.D.N.Y. · 1992 · signal: see · confidence high
See Fasolino, 586 F.2d at 941 (2d Cir.1978).
cited Cited "see" United States v. Barry G. Tedesco
1st Cir. · 1980 · signal: see · confidence high
See United States v. Fasolino, 586 F.2d 939, 940 (2d Cir. 1978) (per curiam) (conviction under section 1503 for requesting county jury commissioner to approach sentencing judge).
discussed Cited "see, e.g." United States v. Joseph Fischer
D.C. Cir. · 2023 · signal: see, e.g. · confidence medium
See, e.g., United States v. Fasolino, 586 F.2d 939, 941 (2d Cir. 1978) (cleaned up); United States v. Haas, 583 F.2d 216, 220 (5th Cir. 1978) (“‘corruptly’ means for an improper motive”); but see United States v. Brenson, 104 F.3d 1267, 1281 (11th Cir. 1997) (concluding that “corruptly” in § 1503 requires an intent to pro- cure an unlawful benefit).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Jerry FASOLINO, Appellant
180, Docket 78-1225.
Court of Appeals for the Second Circuit.
Oct 30, 1978.
586 F.2d 939
1978 U.S. App. LEXIS 8101
Mark J. Mahoney, Doyle, Diebold, Bermingham, Gorman & Brown, Buffalo, N. Y., for appellant., Michael J. Keane, Dept, of Justice, Washington, D. C. (Richard J. Arcara, U. S. Atty., W.D.N.Y., Buffalo, N. Y., Jerome M. Feit, Dept. of Justice, Washington, D. C., Richard D. Endler, Sp. Atty., Buffalo Strike Force, Buffalo, N. Y., of counsel), for appellee.
Oakes, Gurfein, Mes-Kill.
Cited by 35 opinions  |  Published
PER CURIAM:

Appellant argues that the proof of the crime of which he was convicted, corruptly endeavoring to influence the court or affect the due administration of justice, [1] was insufficient. We disagree and accordingly affirm the judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge. 2

The three elements of the crime are (1) endeavoring, (2) corruptly, (3) to influence an officer of the court or the due administration of justice. Taking the evidence in the light most favorable to the Government, as we must, each of the elements was sufficiently proven.

Appellant did “endeavor” under the statute. Not once, but twice, he approached one Messina, an attorney and acquaintance of his who was also Commissioner of Jurors for Erie County, New York, and acquainted with United States District Judge Curtin, about a sentencing pending before the judge involving one Quaranta. Appellant, seeking to obtain for Quaranta probation on a mail fraud charge involving up to five years’ imprisonment, asked Messina whether he “[cjould . . . talk to the Judge, take him to lunch?,” and received the reply, “No, it’s out of the question.” At appellant’s request, however, Messina did find out from the probation office that the presentence report was favorable and reported this to appellant. Appellant then told Messina that he “should talk to the Judge and take him out to lunch”; Messina replied, “Look, I told you that’s out of the question the first time, forget it.” No one approached Judge Cur-tin in any way. Nevertheless, there was an endeavor within the statute, which is very similar to a criminal solicitation statute, see W. LaFave & A. Scott, Criminal Law § 58 (1972), and does not require proof that would support a charge of attempt. Osborn v. United States, 385 U.S. 323, 87 S.Ct. 429, 17 L.Ed.2d 394 (1966); United States v. Russell 255 U.S. 138, 41 S.Ct. 260, 65 L.Ed. 553 (1921); United States v. Rosner, 485 F.2d 1213 (2d Cir. 1973), cert, denied, 417 U.S. 950, 94 S.Ct. 3080, 41 L.Ed.2d 672 (1974). Thus, it is no defense that the putative intermediary declined to approach[*941] the judge or that the endeavor was unsuccessful. United States v. Russell, supra, 255 U.S. at 143, 41 S.Ct. 260. The crime is one that can be committed merely by words, and words are sometimes misunderstood, LaFave & Scott, supra, at 416-17; but the likelihood of a misunderstanding here was substantially removed by appellant’s repetition of the solicitation albeit phrased first as a question and later as a declaration.

Appellant’s endeavor was also made “corruptly.” In response to the statement of a Government informer that he was concerned about a certain person in federal court, appellant said, “You need something in federal? What’s the guy’s name?” He then elaborated that he asked because he thought that it might be Quaranta and that as to him, “I got a guy going in to straighten that out. . . [T]his guy’s going up on the 13th for sentencing, we’re trying to get him maybe two or three years probation .... my man’s having lunch with Curtin tomorrow . . .” and that if the report were favorable his man could “[elaborate on the good.” In the course of a subsequent conversation with the informer appellant stated that he was charging only $1,000 and that the money would not be paid until sentencing because appellant had “guaranteed” two or three years’ probation. As appellant suggests in his brief, the jury could have taken this guarantee to be mere puffery, designed to impress the informant and set him up for a “sting,” because appellant’s “man” was not going to see the judge; but the jury could also have found in this statement an admission that appellant was in fact not only trying to do something for Quaranta, he was doing it for money. And Messina did go to the probation office and find out about the presentence report although what he said to the probation officer is in dispute. Whether the endeavor was “corrupt” was a question for the jury, Knight v. United States, 310 F.2d 305, 307-08 (5th Cir. 1962), under proper instructions emphasizing that the endeavor had to be “motivated by an improper purpose.” The court instructed the jury that it could find appellant’s intent to be corrupt if it determined that appellant knew that Messina had no personal knowledge about Quaranta or information relevant to his sentencing and that appellant “knew or thought that Mr. Messina had some friendship or special relationship or special association with Judge Curtin which [appellant] thought would, by itself, be persuasive with Judge Curtin” (emphasis added). We agree with the government that an endeavor to exploit such a relationship, actual or perceived, may be found to be corrupt.

The appellant argues, however, that the admissions to the Government informer were not competent evidence absent corroboration that the admissions were reliable or that the crime charged was in fact committed. United States v. Marcus, 401 F.2d 563, 565 (2d Cir. 1968), cert, denied, 393 U.S. 1023, 89 S.Ct. 633, 21 L.Ed.2d 567 (1969). Independent evidence is required because it tends to make the admission reliable while helping to establish independently the other necessary elements of the offense. Smith v. United States, 348 U.S. 147, 151-59, 75 S.Ct. 194, 99 L.Ed. 192 (1954); Opper v. United States, 348 U.S. 84, 93, 75 S.Ct. 158, 164, 99 L.Ed. 101 (1954). But such corroborative evidence need not be in and of itself sufficient to establish, independent of the admission, the corpus delicti; “[i]t is sufficient if the corroboration supports the essential facts admitted sufficiently to justify a jury inference of their truth.” Id.; see also Smith v. United States, supra, 348 U.S. at 156, 75 S.Ct. 194. The corroborative evidence here meets, if by no great margin, that standard. At appellant’s request, and as appellant told the informer Messina would, Messina did in fact find out about Quaranta’s presentence report and report back to appellant on its favorability, even though Messina had no relationship whatsoever to the Quaranta case and, curiously, neither appellant nor Messina apparently ever approached Quaranta’s lawyer who probably could have given appellant the same information. In addition to being a lawyer, Messina did have an official position as a state jury commissioner which in[*942] appellant’s eyes gave Messina power; and he and appellant had a social relationship, which appellant conveyed to the informer by the phrase “my guy” or “my man.” Although Messina declined in fact to approach the judge, appellant’s repetition of his request, established by Messina’s testimony, indicated that appellant thought that Messina might do so.

Finally, the evidence of the corrupt endeavor clearly shows that it was made “to influence” the judge or the due administration of justice. Appellant solicited Messina to importune the judge to impose a lenient sentence.

Judgment affirmed.

1

. 18 U.S.C. § 1503 provides in pertinent part: Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any . . officer in or of any court of the United States ... in the discharge of his duty, . . or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

2

. United States v. Fasolino, 449 F.Supp. 586 (W.D.N.Y.1978).