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In Nye and, Nissen v. United States, 336 U.S. 613 (1949), a corporation
and its officers, including its president, one Moncharsh, were prosecuted for
defrauding the United States by submitting false claims. Moncharsh had not
been properly charged with a conspiracy and the government was forced to
proceed under a theory of aiding and abetting. The court noted that either
theory would have been adequate. The court found:

there is circumstantial evidence wholly adequate to support
the finding of the jury that Moncharsh aided and abetted
in the commission of those offenses. [Submission of false
invoices.] Thus there is evidence that he was the promoter
of a long and persistent scheme to defraud, that the making
of false invoices was a part of that project, that the
makers of the false invoices were Moncharsh's subordinates,
that his family was the chief owner of the business, that
he was the manager of it, that his chief subordinates were
his brothers-in-law, that he had charge of the office where
the invoices were made out.

Those activities extended throughout the period when
the substantive crimes were committed. They constitute
ample evidence in a record reeking with fraud that Moncharsh
was associated with the presentation of the six
false invoices. 19

Richard Nixon, too, "was the promoter of a long and persistent scheme"
to obtain information about and to harass political opponents. Burglaries and
wiretaps "were a part of that project" and were carried out under the direct
supervision of "his chief subordinates." There is "ample evidence" that Richard
Nixon was "associated" with the specific criminal acts.

The landmark case in the establishment of the legal principle that the
head of an organization is criminally responsible for the acts it carries out is
People v. Luciano, 277 N.Y. 348, 14 N.E. 2d 433 (1938), cert. denied, 305
19 Nye and Nissen v. United States, 336 U.S. 613, 619 (1949).

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