United States v. Lau Tung Lam, A/K/A \Ah Tong, 714 F.2d 209 (1983). · Go Syfert
United States v. Lau Tung Lam, A/K/A \Ah Tong, 714 F.2d 209 (1983). Cases Citing This Book View Copy Cite
“the government has an entirely legitimate interest in identifying and apprehending european drug dealers willing to bring narcotics to this country for sale.”
39 citation events (11 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Djokich (ca1, 2012-08-29)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Djokich (2×) also: Cited as authority (rule)
1st Cir. · 2012 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the government has an entirely legitimate interest in identifying and apprehending european drug dealers willing to bring narcotics to this country for sale.
discussed Cited as authority (rule) United States v. Toyota Motor Corp.
S.D.N.Y. · 2017 · confidence medium
With respect to prosecutorial decisions “that take place outside the courthouse,” the court’s supervisory power is “extremely limited, if it exists at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir. 1983).
discussed Cited as authority (rule) United States v. HSBC Bank USA, N.A.
2d Cir. · 2017 · confidence medium
Indeed, “the federal judiciary’s supervisory powers over prosecutorial activities that take place, outside the courthouse is extremely limited, if it exists at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir. 1983). • The district court justified its concededly “novel” exercise of supervisory power in this context by observing that “it is easy to imagine circumstances in which a deferred prosecution agreement, or the implementation of such an agreement, so transgresses the bounds of lawfulness or propriety as to warrant judicial intervention to protect the integrit…
discussed Cited as authority (rule) United States v. HSBC Bank USA, N.A.
2d Cir. · 2017 · confidence medium
Indeed, “the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir. 1983). 24 The district court justified its concededly “novel” exercise of supervisory power in this context by observing that “it is easy to imagine circumstances in which a deferred prosecution agreement, or the implementation of such an agreement, so transgresses the bounds of lawfulness or propriety as to warrant judicial intervention to protect the integrity …
discussed Cited as authority (rule) United States v. Saena Tech Corporation
D.D.C. · 2015 · confidence medium
In the context of prosecutorial decisions, “the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists .at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.1983).
discussed Cited as authority (rule) United States v. Umeh
S.D.N.Y. · 2011 · confidence medium
See also United States v. LaPorta, 46 F.3d 152 , 154 (2d Cir.1994) (rejecting claim of manufactured jurisdiction where “defendants themselves committed the substantial jurisdictional act of burning the government [car]”) (citation and internal quotation marks omitted); United States v. Lau Tung Lam, 714 F.2d 209, 211 (2d Cir.1983) (rejecting claim of manufactured jurisdiction where defendant “himself committed the substantial jurisdictional act of bringing drugs into the United States”).
discussed Cited as authority (rule) United States v. Kassar
S.D.N.Y. · 2008 · confidence medium
Thus, when confronted with situations in which (i) the [Government] introduces a federal element into a non-federal crime and (ii) the defendant then takes voluntary actions that implicate the federal element, ... federal jurisdiction has not been improperly manufactured.” Id. at 1066 (internal quotation marks omitted); see LaPorta, 46 F.3d at 154 (rejecting claim of manufactured jurisdiction where “defendants themselves *494 committed the substantial jurisdictional act of burning the government [car]”) (citation and internal quotation marks omitted); United States v. Lau Tung Lam, 714 F…
discussed Cited as authority (rule) United States v. Jerome Wallace
2d Cir. · 1996 · confidence medium
See LaPorta, 46 F.3d at 154, 160 (FBI informant asked defendant, suspected of being an arsonist, if he would set fire to the informant’s “daughter’s car,” which was actually a government-owned car; conviction for destroying government property by fire upheld and claim of “manufactured jurisdiction” rejected, because “the defendants themselves committed the substantial jurisdictional act of burning the government [car]” (internal quotation marks omitted)); United States v. Lau Tung Lam, 714 F.2d 209, 210-11 (2d Cir.) (DEA informant in Europe, asked by defendant whether she knew …
discussed Cited as authority (rule) United States v. Reuben F. Clark
5th Cir. · 1995 · confidence medium
As in United States v. Lau Tung Lam where the government had “an entirely legitimate interest in identifying and apprehending European drug dealers willing to bring narcotics to this country for sale,” 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983), in the present case the government had a legitimate interest in identifying and apprehending car thieves who are willing to steal cars in one state and transport them to another for disposition.
discussed Cited as authority (rule) United States v. LaPorta (2×) also: Cited "see"
unknown court · 1994 · confidence medium
See, e.g., United States v. Asencio, 873 F.2d 639, 641 (2d Cir.1989) (“Offering ... willing buyers a chance to purchase what they thought was a kilo of heroin, but turned out to be dextrose plus one-half a gram of heroin neither offends due process nor occasions the exercise of our supervisory power.”); United States v. Lau Tung Lam, 714 F.2d 209, 209-11 (2d Cir.) (international drug dealer invited by government agent to make a drug sale in the United States), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d322 (1983); United States v. Myers, 692 F.2d 823, 834-47 (2d Cir.1982) (affi…
discussed Cited as authority (rule) United States of America, Appellant-Cross-Appellee v. Michael Laporta and Vincent Sicurella, Also Known as \Jimmy (2×) also: Cited "see"
unknown court · 1994 · confidence medium
See, e.g., United States v. Asencio, 873 F.2d 639, 641 (2d Cir.1989) ("Offering ... willing buyers a chance to purchase what they thought was a kilo of heroin, but turned out to be dextrose plus one-half a gram of heroin neither offends due process nor occasions the exercise of our supervisory power."); United States v. Lau Tung Lam, 714 F.2d 209, 209-11 (2d Cir.) (international drug dealer invited by government agent to make a drug sale in the United States), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983); United States v. Myers, 692 F.2d 823, 834-47 (2d Cir.1982) (affirmi…
discussed Cited as authority (rule) United States v. Rafael Santana and Francis Fuentes
1st Cir. · 1993 · confidence medium
The Second Circuit has gone even further, reading the Supreme Court's cases to suggest that "the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983).
discussed Cited as authority (rule) United States v. Miceli
W.D.N.Y. · 1991 · confidence medium
A month later, the Second Circuit observed, “Recent cases in the Supreme Court and this Circuit have established that the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all.” United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.1983) (emphasis supplied), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983).
discussed Cited as authority (rule) United States v. Lopez
N.D. Cal. · 1991 · confidence medium
Newman v. United States, 382 F.2d 479, 480 (D.C.Cir.1979) and United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983), are similarly inapposite. 43 .
discussed Cited as authority (rule) United States v. Darrel Simpson Robert Anderson James Freeman (2×)
9th Cir. · 1991 · confidence medium
Gatto, 763 F.2d at 1046 ; United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.) (judiciary’s supervisory power over prosecutorial activities outside the courtroom is very limited, if it exists at all), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983).
discussed Cited as authority (rule) United States v. Demurgas
E.D.N.Y · 1987 · confidence medium
See Daye v. Attorney General of the State of New York, 712 F.2d 1566 , 1570 n. 2 (2d Cir.1983); United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.1983); United States v. Benevento, supra. See also United States v. Hastings, 461 U.S. 499 , 103 S.Ct. 1974 , 76 L.Ed.2d 96 (1983); United States v. Payner, 447 U.S. 727 , 735-36 n. 8, 100 S.Ct. 2439 , 2446-47 n. 8, 65 L.Ed.2d 468 (1980); United States v. Cottina, 630 F.2d 1207, 1214-17 (7th Cir.1980). 4 .
examined Cited "see" United States v. Djokich (3×) also: Cited "see, e.g."
D. Mass. · 2010 · signal: see · confidence high
See 714 F.2d at 210 .
cited Cited "see" United States v. Sabri
W.D.N.Y. · 1996 · signal: see · confidence high
See United States v. Lau Tung Lam, 714 F.2d 209 (2d Cir.1983). 15 .
discussed Cited "see" United States v. Santana
1st Cir. · 1993 · signal: see · confidence high
See Hasting, 16The Second Circuit has gone even further, reading the Supreme Court's cases to suggest that "the federal judiciary's supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all." United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 (1983).
discussed Cited "see" United States v. Santana
1st Cir. · 1993 · signal: see · confidence high
See Hasting, ___ _______ ____________________ 16The Second Circuit has gone even further, reading the Supreme Court's cases to suggest that "the federal judiciary's supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all." United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d ______________ _____________ Cir.), cert. denied, 464 U.S. 942 (1983).
cited Cited "see" United States v. Dirk Francis Jennings, John Daniel Cornwell, Jr., United States of America v. Jason Coler Nichols, Jose Luis Casas, Angela Mary Casas
9th Cir. · 1992 · signal: see · confidence high
See United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983).
discussed Cited "see" United States v. Arango
S.D. Fla. · 1987 · signal: see · confidence high
See United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983) (“the federal judiciary’s supervisory powers] over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all”); United States v. Kelly, 707 F.2d 1460, 1475-76 (D.C.Cir.), cert. denied, 464 U.S. 908 , 104 S.Ct. 264 , 78 L.Ed.2d 247 (1983); United States v. Gervasi, 562 F.Supp. 632, 645 (N.D.Ill.1983).
discussed Cited "see" United States v. Podolsky
N.D. Ill. · 1985 · signal: see · confidence high
See United States v. Lau Tung Lam, 714 F.2d 209, 210-22 (2d Cir. 1983) (defendant himself committed substantive jurisdictional act of bringing drugs into country), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983); United States v. Giordano, 693 F.2d 245, 250-51 (2d Cir.1982) (Archer distinguished in case under 18 U.S.C. § 844 (i) where defendant agreed with government agents to destroy a fictitious store); United States v. Jannotti, 673 F.2d 578, 610-11 (3d Cir.) (en banc) (reversing judgment of acquittal in the largely fictitional “ABSCAM” undercover operation), cert. d…
discussed Cited "see, e.g." United States v. Heatley
S.D.N.Y. · 1998 · signal: see also · confidence medium
The supervisory authority is certainly not, in any case, a warrant for courts “to fashion their own ‘sub-constitutional’ limitations on the conduct of law enforcement agents.” United States v. Myers, 692 F.2d 823, 847 (2d Cir.1982); see also United States v. Lau, 714 F.2d 209, 210 (2d Cir.1983) (“the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all”); cf. Ming He, 94 F.3d at 792 (“This particular exercise of supervisory power is not an encroachment on the conduct of executive br…
discussed Cited "see, e.g." United States v. Ming He, Also Known as Tony Jai
2d Cir. · 1996 · signal: see also · confidence medium
We too have recognized that courts cannot “fashion their own ‘sub-constitutional’ limitations on the conduct of law enforcement agents.” United States v. Myers, 692 F.2d 823, 847 (2d Cir.1982), cert. denied, 461 U.S. 961 , 103 S.Ct. 2437 , 2438, 77 L.Ed.2d 1322 (1983); see also United States v. Lau Tung Lam, 714 F.2d 209, 210 (2d Cir.), cert. denied, 464 U.S. 942 , 104 S.Ct. 359 , 78 L.Ed.2d 322 (1983) (explaining that supervisory power over DEA conduct in a sting operation is “extremely limited”).
cited Cited "see, e.g." United States v. Kaye
N.D. Ill. · 1984 · signal: see, e.g. · confidence medium
See, e.g., United States v. Lau, 714 F.2d 209, 210-11 (2d Cir.1983); United States v. Giordano, 693 F.2d 245, 250-51 (2d Cir.1982).
Retrieving the full opinion text from the archive…
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Newman, Pratt, Metzner.
29  |  Sylvia Peck, The Legal Aid Soc., Federal Defenders Unit, New York City, for defendant-appellant., Mary Lee Warren, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., Walter P. Loughlin, Asst. U.S. Atty., New York City, on brief), for appellee.
NEWMAN, Circuit Judge:

Lau Tung Lam appeals from the. December 14,1982, judgment of the District Court for the Southern District of New York (Dudley B. Bonsai, Judge) convicting Lau, following a jury trial, of conspiracy to import and to possess heroin with intent to distribute, 21 U.S.C. §§ 846, 963 (1976), importation of heroin, id. § 952, and possession of heroin with intent to distribute, id. § 841(a)(1). [1] Lau contends that federal agents manufactured federal jurisdiction in order to prosecute him on federal charges; relying on United States v. Archer, 486 F.2d[*210] 670 (2d Cir.1973), he seeks dismissal of the indictment. We do not believe Archer governs this case, and we affirm Lau’s conviction.

Lau’s initial contact with Government agents occurred on board a European train when he met Isabelle Leriche, a paid informant of the Drug Enforcement Administration (DEA). Several months later, Lau ran into Leriche in a Paris cafe and, in the course of casual conversation, asked her if she knew any heroin buyers. Leriche said that she did, and eventually introduced Lau to an undercover DEA agent, who offered to buy 5-10 kilograms of high-quality heroin each month for delivery in New York City. Up to this point, Lau had expressed an interest in selling heroin only in Europe. After some hesitation, Lau agreed to deliver his heroin to the DEA agent in New York. With the assistance of Leriche and cooperating American officials, Lau received a visa to enter the United States. Lau was arrested by federal agents when he and Leriche arrived in New York with the first shipment of heroin.

Lau does not argue that federal authorities violated his due process rights, nor does he dispute that the prosecution’s evidence of his predisposition was sufficient to permit the jury to reject his defense of entrapment. His sole claim is that this Court should exercise its supervisory authority over the administration of federal criminal justice by dismissing the indictment. See McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943). According to appellant, the Government’s actions in this case deserve condemnation because “no crime would have existed in this country but for the conduct of the Government’s agents who themselves created the federal nexus which permitted prosecution.” Brief for Appellant at 24-25.

Recent cases in the Supreme Court and this Circuit have established that the federal judiciary’s supervisory powers over prosecutorial activities that take place outside the courthouse is extremely limited, if it exists at all. See United States v. Payner, 447 U.S. 727, 100 S.Ct. 2439, 65 L.Ed.2d 468 (1980); United States v. Myers, 692 F.2d 823, 847 (2d Cir.1982), cert. denied, -U.S. -, 103 S.Ct. 2438, 77 L.Ed.2d 1322 (1983). Whatever the occasion for the exercise of such power might be, it is not remotely implicated by the facts of this case. The Government has an entirely legitimate interest in identifying and apprehending European drug dealers willing to bring narcotics to this country for sale. Cf. United States v. Gambino, 566 F.2d 414, 418-19 (2d Cir.) (legitimate federal interest in apprehending garbage collection racketeers by using undercover agents to establish business involving interstate commerce), ce rt. denied, 435 U.S. 952, 98 S.Ct. 1580, 55 L.Ed.2d 802 (1978). It is no cause for complaint that an undercover federal agent inquires whether a drug dealer, already distributing in France, Holland, and Germany, is interested in selling in the United States, nor that the agent assists a willing drug seller to come here. See United States v. Corcione, 592 F.2d 111 (2d Cir.), cert. denied, 440 U.S. 975, 985, 99 S.Ct. 1585, 1801, 59 L.Ed.2d 974, 60 L.Ed.2d 248 (1979).

The carefully limited holding in United States v. Archer, supra, is of no aid to appellant in this case. In Archer a conviction under the so-called “Travel Act,” 18 U.S.C. § 1952 (1976), was reversed because “the use of interstate and foreign telephone facilities ... did not suffice to bring the defendants within” the Act. 486 F.2d at 683 (denying petition for rehearing). The deficiency arose from the fact that the three calls relied upon by the prosecution were “from or to a federal agent.” Id. at 684. The decision, as clarified on petition for rehearing, questioned, but stopped short of deciding, whether telephone calls by a federal agent could ever supply the jurisdictional element required by the Travel Act. The Court “left open the possibility” that such calls “might suffice when sufficiently pervasive or functional” and limited the holding to “the narrow basis that these conditions were not here fulfilled.” Id. One call was a return call made by a defendant to a federal agent who had gone to Newark, New Jersey, and called the de[*211] fendant in New York City for the sole purpose of creating federal jurisdiction. Id. at 673, 681. In the Court’s view, it was “immaterial” that the defendant had returned the call, instead of receiving it, as the Government had intended. Id. at 681. A second call, from New York City to Las Vegas, was an unsuccessful attempt to reach the federal agent. The probative value of this call was rejected because there was no possibility that the attempted call could further the criminal enterprise or even reach the intended recipient. Id. at 685. The third call, from Paris to New York City, was made by the federal agent. Id. Thus, the calls were either made by an agent, deemed the equivalent of a call by an agent, or considered unrelated to the crime. No comparable deficiency in the evidence is presented in this case, where Lau himself committed the substantial jurisdictional act of bringing drugs into the United States.

The judgment of the District Court is affirmed.

1

. Lau was sentenced to three concurrent terms of eight years to be followed by two concurrent terms of three years of special parole.