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PASQUANTINO v. UNITED STATES

No. 03-725.

544 U.S. 349 (2005)

PASQUANTINO ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided April 26, 2005.

Attorney(s) appearing for the Case

Laura W. Brill argued the cause for petitioners. With her on the briefs were Bruce R. Bryan and Jensen E. Barber.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, Irving L. Gornstein, and Kirby A. Heller.*

THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, and KENNEDY, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which BREYER, J., joined, and in which SCALIA and SOUTER, JJ., joined as to Parts II and III, p. 372.

JUSTICE THOMAS delivered the opinion of the Court.

At common law, the revenue rule generally barred courts from enforcing the tax laws of foreign sovereigns. The question presented in this case is whether a plot to defraud a foreign government of tax revenue violates the federal wire fraud statute, 18 U. S. C. § 1343 (2000 ed., Supp. II). Because the plain terms of § 1343 criminalize such a scheme, and because this...

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