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In the Courts

By ALM Staff | Law Journal Newsletters |
November 27, 2007

Ninth Circuit Weighs in on Saving Time-Barred Indictments

In United States v. W.R. Grace, No. 06-30472, 06-30524, 2007 WL 2728767 (9th Cir. Sept. 20, 2007), the United States Court of Appeals for the Ninth Circuit held in part that: 1) a timely filed but structurally flawed indictment may, in many situations, be amended after the statute of limitations has expired, even if all or part of the indictment was dismissed as time barred; and 2) a term in a criminal statute may be defined in part based on the defendants' specialized, subjective business knowledge. In a complex opinion, these two issues stand out for their potential application in other business crimes and enforcement matters.

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