Sunday, November 17, 2013

United States v. George F. Fish, Inc. case brief

United States v. George F. Fish, Inc. case brief summary
154 F.2d 798 (1946)


CASE SYNOPSIS
Defendants, dealer and salesman, challenged the judgment of a federal district court, which convicted defendants of violating regulations issued under the Emergency Price Control Act of 1942, 50 U.S.C.S. app. § 901 et seq.

ARGUMENT
Defendants, dealer and salesman, challenged their convictions for violating a regulation issued under the Emergency Price Control Act of 1942, 50 U.S.C.S. app. § 901 et seq.

DISCUSSION

  • The court affirmed. 
  • The court first noted that the validity of the regulation could not be raised as a defense in criminal proceedings. 
  • Instead, the court stated that a prescribed challenge procedure had to be followed and, because defendants failed to pursue the prescribed challenge procedure, defendants could not raise the invalidity of the regulation. 
  • The court concluded that there was sufficient evidence that defendants had violated, through a tying arrangement, the maximum price regulation. 
  • Finally, the court confirmed that defendant dealer, as a corporate entity, could be held criminally liable for the acts of its agent so long as the agent was acting within the scope of the agent's employment.

CONCLUSION
The judgment of the lower court was reversed. The validity of the regulation under which defendants, dealer and salesman, were convicted could not be raised as a defense to criminal proceedings, there was sufficient evidence to support the jury's verdict of guilt, and defendant dealer could be held criminally liable for the acts of defendant salesman.

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