Bank of nova scotia case

The definition and several examples of other cases concerning this act are mentioned in the case. The actual case that is mentioned is about the appeal from a decision of Judge Robotham date 18th of June The appellant, an architect, sued the bank of Nova Scotia after noticing that the bank paid out a check that is noticeable altered.

Bank of nova scotia case

In an apparent alternative holding, the District Court also ruled that dismissal, pursuant to its supervisory authority, was necessary in order to deter future conduct of this sort.

The Court of Appeals reversed, ruling that petitioners were not prejudiced by the Government's conduct, and that, absent prejudice, the District Court lacked the authority to invoke its supervisory power to dismiss the indictment. As a general matter, a district court may not dismiss an indictment for errors in grand jury proceedings unless such errors prejudiced the defendants.

Since Rule 52 was promulgated pursuant to a statute which invested the Court with authority to prescribe rules of pleading, practice, and procedure, and because that statute provided that "all laws in conflict [with such a rule] shall be of no further force and Bank of nova scotia case 18 U.

Courts have no more discretion to disregard the Rule's mandate through the exercise of supervisory power than they do to disregard constitutional or statutory provisions through the exercise of such power.

The conclusion that a showing of prejudice is required is supported by United States v. A rule permitting federal courts to deal more sternly with nonconstitutional harmless errors than with constitutional errors that are likewise harmless would be inappropriate.

Mechanik, supra, at U. The present cases must be distinguished from that class of cases in which indictments are dismissed because the structural protections of the grand jury have been so compromised as to render the proceedings fundamentally unfair, allowing the presumption of prejudice without any particular assessment of prejudicial impact.

United States, U. The record does not support the conclusion that petitioners were prejudiced by prosecutorial misconduct before the grand jury. No constitutional error occurred during the grand jury proceedings, and the instances of alleged nonconstitutional prosecutorial misconduct were insufficient to raise a substantial question, much less a grave doubt, as to whether they had a substantial effect on the jury's decision to indict.

The issue presented is whether a district court may invoke its supervisory power to dismiss an indictment for prosecutorial misconduct in a grand jury investigation, where the misconduct does not prejudice the defendants. I Inafter a month investigation conducted before two successive grand juries, eight defendants, including petitioners William A.

Lerner, and The Bank of Nova Scotia, were indicted on 27 counts. The first 26 counts charged all defendants with conspiracy and some of them with mail and tax fraud.

Count 27 charged Kilpatrick with obstruction of justice. The United States District Court for the District of Colorado initially dismissed the first 26 counts for failure to charge a crime, improper pleading, and, as to charges against the bank, for failure to allege that the bank or its agents had the requisite knowledge and criminal intent.

Kilpatrick was tried and convicted on the obstruction of justice count. The Government appealed the dismissal of the first 26 counts. Before oral argument, however, the Court of Appeals granted a defense motion to remand the case to the District Court for a hearing on whether prosecutorial misconduct and irregularities in the grand jury proceedings were additional grounds for dismissal.

Winner first presided over the post-trial motions and granted a new trial to Kilpatrick on the obstruction of justice count. The cases were later reassigned to United Page U. After 10 days of hearings, Judge Kane dismissed all 27 counts of the indictment. Further, it ruled dismissal was proper under the "totality of the circumstances," including the "numerous violations of Rule 6 d and eFed.

We shall discuss these findings in more detail below. The District Court determined that, "[a]s a result of the conduct of the prosecutors and their entourage of agents, the indicting grand jury was not able to undertake its essential mission" to act independently of the prosecution.

In an apparent alternative holding, the District Court also ruled that "[t]he supervisory authority of the court must be used in circumstances such as those presented in this case to declare with unmistakable intention that such conduct is neither 'silly' nor 'frivolous,' and that it will not be tolerated.

The Government appealed once again, and a divided panel of the Court of Appeals reversed the order of dismissal.

The Court of Appeals first rejected the District Court's conclusion that the violations of Federal Rule of Criminal Procedure 6 were an independent ground for dismissal of the indictment. It then held that "the totality of conduct before the grand jury did not warrant dismissal of the indictment," id.

Without a showing of such an infringement, the court held, the District Court could not exercise its supervisory authority to dismiss the indictment. The dissenting judge rejected the "view of the majority that prejudice to the defendant must be shown before a court can exercise its supervisory powers to dismiss an indictment on the basis of egregious prosecutorial misconduct.

In her view, the instances of prosecutorial misconduct relied on by the District Court pervaded the grand jury proceedings, rendering the remedy of dismissal necessary to safeguard the integrity of the judicial process notwithstanding the absence of prejudice to the defendants.

We hold that, as a general matter, a district court may not dismiss an indictment for errors in grand jury proceedings unless such errors prejudiced the defendants. II In the exercise of its supervisory authority, a federal court "may, within limits, formulate procedural rules not specifically required by the Constitution or the Congress.

Nevertheless, it is well established that "[e]ven a sensible and efficient use of the supervisory power. To allow otherwise "would confer on the judiciary discretionary power to disregard the considered limitations of the law it is charged with enforcing.

Our previous cases have not addressed explicitly whether this rationale bars exercise of a supervisory authority where, as here, dismissal of the indictment would conflict with the harmless error inquiry mandated by the Federal Rules of Criminal Procedure.

We now hold that a federal court may not invoke supervisory power to circumvent the harmless error inquiry prescribed by Federal Rule of Criminal Procedure 52 a. Rule Page U. The balance struck by the Rule between societal costs and the rights of the accused may not casually be overlooked "because a court has elected to analyze the question under the supervisory power.

Bank of nova scotia case

Payner, supra, at U. Our conclusion that a district court exceeds its powers in dismissing an indictment for prosecutorial misconduct not prejudicial to the defendant is supported by other decisions of this Court.

In United States v.Nova Scotia Nova Scotia, one of the three Maritime and one of the four Atlantic provinces of Canada, bordered on the north by the Bay of Fundy, the province of New Brunswick, Northumberland Strait, and the Gulf of Saint Lawrence and on the east, south, and west by the Atlantic Ocean.

8–1 decision for United States majority opinion by Anthony M. Kennedy. The District Court lacked any authority to dismiss the indictment because the record reflected that the defendants were not prejudiced by the Government's conduct.

Case opinion for US Supreme Court BANK OF NOVA SCOTIA v. UNITED STATES.

U.S. Supreme Court

Read the Court's full decision on FindLaw. Bank of Nova Scotia v. United States case brief summary U.S. () CASE SYNOPSIS. Petitioners bank and employees were indicted by a grand jury for conspiracy and fraud.

The district court, invoking its supervisory powers, dismissed the indictments for prosecutorial misconduct in violation of Fed. R. Crim. P. 6. and U.S. Constitutional. This case is titled: “Mair v. Bank of Nova Scotia” The main focus of the case is on the Bill of Exchange act.

The definition and several examples of other cases concerning this act are mentioned in the case. The actual case that is mentioned is about the appeal from .

Bank of Nova Scotia Case The main focus of the case is on the Bill of Exchange act. The definition and several examples of other cases concerning this act are mentioned in the case.

Bank of Nova Scotia Case