United States v. Rabinowich - 238 U.S. 78 (1915)
U.S. Supreme Court
United States v. Rabinowich, 238 U.S. 78 (1915)
United States v. Rabinowich
Argued April 7, 1915
Decided June 1, 1915
238 U.S. 78
A conspiracy, having for its object the commission of an offense denounced by the Bankruptcy Act, is not, in itself, an offense arising under that act within the meaning of § 29a thereof, and the one-year period of limitation prescribed by that section does not apply.
A conspiracy to commit a crime, as defined in and punished by § 37, Criminal Code (§ 5440, Rev.Stat.) is a different offense from the crime that is the object of the conspiracy.
Mere conspiracy, without an overt act done in pursuance of it, is not criminally punishable under § 37, Criminal Code.
Quaere whether the crime of concealing from the trustee property belonging to the bankrupt estate, as defined in § 29b(1) of the Bankrupt Act can be perpetrated by anyone other than a bankrupt or one who has received a discharge as such.
In construing the criminal statutes involved in this action, this Court attribute to Congress, in the absence of any inconsistent expression, a tacit purpose to maintain a long established and important distinction between offenses essentially different.
The facts, which involve the construction of § 29b of the Bankruptcy Act and § 37 of the Criminal Code (§ 5440, Rev.Stat.) in regard to conspiracies to commit crimes against the United States are stated in the opinion.