United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Rabinowich, 238 U.S. 78 (1915)

United States v. Rabinowich

No. 748

Argued April 7, 1915

Decided June 1, 1915

238 U.S. 78

Syllabus

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.

Page 238 U. S. 79

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.

Page 238 U. S. 83