pasquantino et al argued november decided april petitioners carried scheme smuggle large quantities liquor canada evade canada heavy alcohol import taxes convicted violating federal wire fraud statute statute prohibits use interstate wires effect scheme artifice defraud obtaining money property means false fraudulent pretenses fourth circuit affirmed convictions rejecting petitioners argument prosecution contravened revenue rule bars courts enforcing foreign sovereigns tax laws fourth circuit also held canada right receive tax revenue money property within meaning held plot defraud foreign government tax revenue violates federal wire fraud statute pp section plain terms criminalize scheme petitioners smuggling operation satisfies elements dispute first canada right uncollected excise taxes liquor petitioners imported canada property within statute meaning right entitlement collect money petitioners possession something value canadian government mcnally valuable entitlements property term ordinarily employed second petitioners plot scheme artifice defraud canada valuable entitlement tax revenue petitioners routinely concealed imported liquor canadian officials failed declare goods customs forms see durland pp foregoing construction derogate revenue rule pp relying canon construction tatutes invade common law read presumption favoring retention familiar principles except statutory purpose contrary evident texas petitioners argue avoid reading derogate revenue rule construe statutory language except frauds directed evading foreign taxes whether derogates revenue rule depends whether reading statute reach prosecution conflicts revenue rule principle see craft thus concluding congress intended exempt present prosecution broad reach must find revenue rule clearly barred prosecution year congress enacted wire fraud statute see neder pp case decided clearly established revenue rule barred prosecuting fraudulent scheme evade foreign taxes pp revenue rule long treated corollary rule courts country execute penal laws another antelope wheat first treated cases prohibiting enforcement tax liabilities one sovereign courts another sovereign suits enforce tax judgments revenue rule grounding cases shows core prohibited collection tax obligations foreign nations present prosecution unlike classic examples actions traditionally barred revenue rule suit recovers foreign tax liability criminal prosecution brought punish domestic criminal conduct pp ii cases applying revenue rule bar indirect enforcement foreign revenue laws contrast direct collection tax obligation bear weight petitioners place many decided congress passed wire fraud statute others come foreign courts significantly none involved domestic sovereign acting pursuant authority conferred criminal statute enforce sovereign penal law moreover none petitioners cases barred action primary object deterrence punishment fraudulent conduct substantial domestic regulatory interest entirely independent foreign tax enforcement main object action collection money pay foreign tax claims absence object means link prosecution foreign tax collection incidental attenuated best thus said whether congress considered prosecution within revenue rule petitioners answer unpersuasively recovery taxes indeed object suit restitution canada lost tax revenue required federal mandatory victims restitution act whether restitution mandatory irrelevant advances government independent interest punishing fraudulent domestic criminal conduct event awarding restitution foreign sovereigns contrary revenue rule proper resolution construe later enacted restitution statute allow awards rather assume impliedly repealed applied prosecution pp iii also unavailing petitioners argument early english cases holding unenforceable contracts executed evade nations revenue laws demonstrate indirect enforcement laws core revenue rule rather margins early cases driven interest lessening commercial disruption caused high tariffs century however rationale supplanted courts began apply revenue rule tax obligations strength analogy country revenue laws penal ones early english cases rested far different foundation revenue rule came rest say little whether wire fraud statute derogated revenue rule century form pp iv petitioners criminal prosecution enforces canadian revenue law attenuated sense sense clearly contravene revenue rule rule never proscribed enforcement foreign revenue law example time enforcing domestic contracts purpose violating foreign revenue law english courts also considered void foreign contracts lacked tax stamps required foreign revenue law line revenue rule draws impermissible permissible enforcement foreign revenue law therefore always unclear uncertainty persisted american cases demonstrate extent revenue rule barred indirect recognition foreign revenue laws unsettled pp traditional rationales revenue rule plainly suggest barred prosecution first prosecution poses little risk causing principal evil revenue rule traditionally thought guard judicial evaluation revenue policies foreign sovereigns action brought executive sole organ federal government field international relations export although prosecution like one requires recognize foreign law determine whether defendant violated law may assumed electing prosecute executive assessed prosecution impact nation relationship canada concluded poses little danger causing international friction petitioners broader argument revenue rule avoids giving domestic effect politically sensitive controversial policy decisions embodied foreign revenue laws worries little present prosecution authorized wire fraud statute embodies policy choice two political branches government congress executive free interstate wires fraudulent use irrespective object fraud reading gives effect considered policy choice therefore poses risk advancing canadian policies illegitimately finally petitioners assertion courts lack competence examine validity unfamiliar foreign tax schemes persuasive foreign law posed unmanageable complexity case federal rule criminal procedure gives federal courts sufficient means resolve incidental foreign law issues may arise wire fraud prosecutions pp interpretation give extraterritorial effect petitioners offense complete moment executed scheme intending defraud canada tax revenue inside see durland supra therefore domestic conduct issue event punishes frauds executed interstate foreign commerce statute involves domestic concerns pp affirmed thomas delivered opinion rehnquist stevens kennedy joined ginsburg filed dissenting opinion breyer joined scalia souter joined parts ii iii david pasquantino carl pasquantino arthur hilts petitioners writ certiorari appeals fourth circuit april justice thomas delivered opinion common law revenue rule generally barred courts enforcing tax laws foreign sovereigns question presented case whether plot defraud foreign government tax revenue violates federal wire fraud statute supp ii plain terms criminalize scheme construction wire fraud statute derogate revenue rule hold petitioners carl pasquantino david pasquantino arthur hilts indicted convicted federal wire fraud carrying scheme smuggle large quantities liquor canada according evidence presented trial pasquantinos new york ordered liquor telephone discount package stores maryland see en banc employed hilts others drive liquor canadian border without paying required excise taxes ibid drivers avoided paying taxes hiding liquor vehicles failing declare goods canadian customs officials time petitioners smuggling operation canada heavily taxed importation alcoholic beverages see ch excise act schedule ch excise act schedule ch uncontested evidence trial showed canadian taxes due alcohol purchased transported canada approximately double liquor purchase price app trial petitioners moved dismiss indictment ground stated wire fraud offense wire fraud statute prohibits use interstate wires effect scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises supp ii petitioners contended government lacked sufficient interest enforcing revenue laws canada therefore committed wire fraud app district denied motion case went trial jury convicted petitioners wire fraud petitioners appealed convictions appeals fourth circuit urging indictment failed state wire fraud offense argued prosecution contravened revenue rule required take cognizance revenue laws canada judge hamilton dissent panel agreed reversed convictions petitioners also argued canada right collect taxes money property within meaning wire fraud statute panel unanimously rejected argument hamilton dissenting appeals granted rehearing en banc vacated panel decision affirmed petitioners convictions concluded revenue rule rather barring recognition foreign revenue law simply allowed courts refuse enforce tax judgments foreign nations therefore preclude government prosecuting petitioners appeals held well canada right receive tax revenue money property within meaning wire fraud statute granted certiorari resolve conflict courts appeals whether scheme defraud foreign government tax revenue violates wire fraud statute compare boots holding scheme defraud foreign nation tax revenue violate wire fraud statute trapilo holding scheme defraud foreign nation tax revenue violates wire fraud statute agree appeals therefore affirm judgment ii first consider whether petitioners conduct falls within literal terms wire fraud statute statute prohibits using interstate wires effect scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises supp ii two elements crime two petitioners dispute defendant engage scheme artifice defraud object fraud money property victim hands cleveland petitioners smuggling operation satisfies elements taking latter element first canada right uncollected excise taxes liquor petitioners imported canada property hands right entitlement collect money petitioners possession something value government canada mcnally internal quotation marks omitted valuable entitlements like property term ordinarily employed see leocal ashcroft slip interpreting statute must give words ordinary natural meaning internal quotation marks omitted black law dictionary ed defining property extend ing every species valuable right interest petitioners complied legal obligation paid money canada petitioners tax evasion deprived canada money inflicting economic injury less embezzled funds canadian treasury object petitioners scheme deprive canada money legally due scheme thereby object deprivation canada property common law fraud confirms characterization canada right excise taxes right paid money long thought species property see blackstone commentaries laws england classifying right sue debt personal property kent commentaries american law consistent understanding fraud common law included scheme deprive victim entitlement money instance debtor concealed assets settling debts creditors thereby committed fraud story equity jurisprudence redfield rev ed chesterfield janssen eng ves ch rapalje lawrence dictionary american english law made sense given economic equivalence money hand money legally due fact victim fraud happens government rather private party lessen injury conclusion right tax revenue property canada hands contrary petitioners contentions consistent cleveland supra case defendant cleveland obtained video poker license making false statements license application held state interest unissued video poker license property interest choosing particular licensees economic also noted government nowhere allege cleveland defrauded state money state entitled law ibid cleveland different case unlike state interest allocating video poker license particular applicants canada entitlement tax revenue straightforward economic interest suggestion cleveland defendant aimed depriving state money due license quite opposite dispute defendant partnership paid state louisiana proper share revenue due contrast government alleged proved petitioners scheme aimed depriving canada money entitled law canada hardly economic interest receipt tax revenue cleveland therefore consistent conclusion canada entitlement property word used wire fraud statute turning second element issue petitioners plot scheme artifice defraud canada valuable entitlement tax revenue evidence showed petitioners routinely concealed imported liquor canadian officials failed declare goods customs forms see conduct represented canadian customs officials drivers goods declare scheme designed defraud representations durland therefore scheme artifice defraud canada taxes due smuggled goods neither antismuggling statute tax treaties see attorney general canada reynolds tobacco holdings convince us petitioners scheme falls outside terms wire fraud unlike treaties antismuggling statute wire fraud statute punishes fraudulent use domestic wires whether conduct constitutes smuggling occurs aboard vessel evades foreign taxes see post ginsburg dissenting noting antismuggling statute apply prosecution petitioners equally liable used interstate wires defraud canada taxes due money canadian treasury wire fraud statute applies without differentiation two categories fraud clark martinez slip give words different meaning category invent statute rather interpret one ibid therefore decline interpret criminal statute narrowly written brogan iii next consider petitioners revenue rule argument petitioners argue avoid reading derogate revenue rule construe language wire fraud statute except frauds directed evading foreign taxes argument relies canon construction tatutes invade common law read presumption favoring retention familiar principles except statutory purpose contrary evident texas internal quotation marks citation omitted presumption however bar construction conflicts rule statute directly question addressed common law ibid citations omitted whether wire fraud statute derogates revenue rule depends turn whether reading reach prosecution conflicts revenue rule principle clarified constraint application nonderogation canon craft issue craft whether property interest tenant entirety exempt federal tax lien construed federal tax lien statute reach property interest despite tension construction rule entireties property enjoys immunity liens rule well established respect application federal tax lien must assume congress considered impact enactment question us may conclude congress intended exempt present prosecution broad reach wire fraud statute must find revenue rule clearly barred prosecution examine state common law year congress enacted wire fraud statute see neder wire fraud statute derogates revenue rule principle aware revenue rule case decided held clearly implied revenue rule barred prosecuting fraudulent scheme evade foreign taxes traditional rationales revenue rule moreover plainly suggest swept broadly consider two points turn first consider revenue rule jurisprudence existed year congress enacted since late early century courts treated revenue rule corollary rule chief justice marshall put courts country execute penal laws another antelope wheat rule enforcement foreign penal statutes turn tracked principle crimes prosecuted country committed see story commentaries conflict laws bigelow ed ed basis inferring revenue rule rule foreign penal enforcement analogy foreign revenue laws penal laws see wisconsin pelican ins leflar extrastate enforcement penal governmental claims harv rev hereinafter leflar courts first drew inference line cases prohibiting enforcement tax liabilities one sovereign courts another sovereign suit enforce tax revenue rule grounding cases shows core prohibited collection tax obligations foreign nations unsurprisingly revenue rule often stated prohibiting collection foreign tax claims see brief petitioners noting straightforward application revenue rule arises foreign sovereign attempts sue directly right enforce tax judgment courts another nation present prosecution unlike classic examples actions traditionally barred revenue rule suit recovers foreign tax liability like suit enforce judgment criminal prosecution brought sovereign capacity punish domestic criminal conduct petitioners nevertheless argue revenue rule jurisprudence prohibited prosecutions revenue rule cases however establish proposition much less clearly petitioners first analogize present action several cases applied revenue rule bar indirect enforcement foreign revenue laws contrast direct collection tax obligation cite example decision irish trial holding private liquidator recover assets unlawfully distributed moved ireland corporate director recovery go satisfy company scottish tax obligations peter buchanan mcvey ir app dism ir sup found sole object liquidation proceedings scotland collect revenue debt liquidator every penny recovered paying certain costs claimed scottish revenue according buchanan every case substance claim must scrutinized appears really suit brought purpose collecting debts foreign revenue must rejected buchanan cases petitioners rely bear weight petitioners place many decided late congress passed wire fraud statute relied others come foreign courts drawing sure inferences regarding congress intent foreign citations perilous several petitioners cases important none cases clearly establishes revenue rule barred prosecution none involved domestic sovereign acting pursuant authority conferred criminal statute difference significant action domestic sovereign enforces sovereign penal law prohibition enforcement foreign penal law plainly prevent government enforcing domestic criminal law extension knowledge unprecedented long history either revenue rule rule enforcement penal laws moreover none petitioners cases arguable exception banco brasil israel commodity app barred action primary object deterrence punishment fraudulent conduct substantial domestic regulatory interest entirely independent foreign tax enforcement main object action cases collection money pay foreign tax claims absence object action means link prosecution foreign tax collection incidental attenuated best making plainly one whole object suit collect tax foreign revenue buchanan supra even courts extended revenue rule beyond core prohibition faced case closely analogous one thus say reasonable certainty whether congress considered prosecution within revenue rule petitioners answer recovery taxes indeed object suit restitution lost tax revenue canada required mandatory victims restitution act ed supp ii think matters whether provision restitution mandatory prosecution regardless wire fraud statute advances federal government independent interest punishing fraudulent domestic criminal conduct significant feature absent petitioners revenue rule cases purpose awarding restitution action collect foreign tax mete appropriate criminal punishment conduct event conflict mandatory restitution revenue rule change holding today awarding restitution foreign sovereigns contrary revenue rule proper resolution construe mandatory victims restitution act allow awards rather assume later enacted restitution statute impliedly repealed applied frauds foreign sovereigns persuaded second line cases petitioners rely petitioners analogize present case early english cases revenue rule originally derived early cases involved contract law held contracts executed purpose evading revenue laws nations enforceable notwithstanding rule enforcing contracts illegal purposes see boucher lawson cas hard eng planche fletcher dougl eng petitioners argue cases demonstrate indirect enforcement revenue laws core revenue rule rather margins argument unavailing century revenue rule developed doctrine different original form early revenue rule cases driven interest lessening commercial disruption caused high tariffs day lord hardwicke explained contracts aimed circumventing foreign revenue laws unenforceable cut benefit trade kingdom bad consequence principal beneficial branches trade boucher supra eng century however rationale revenue rule supplanted explained courts begun apply revenue rule tax obligations strength analogy country revenue laws penal ones see supra superseding original rationale rule dodge breaking public law taboo harv buchanan early english cases rest far different foundation revenue rule came rest thus say little whether wire fraud statute derogated revenue rule century form granted criminal prosecution enforces canadian revenue law attenuated sense sense clearly contravene revenue rule earliest days revenue rule never proscribed enforcement foreign revenue law example time enforcing domestic contracts purpose violating foreign revenue law english courts also considered void foreign contracts lacked tax stamps required foreign revenue law see alves hodgson eng clegg levy camp eng like present prosecution cases voiding foreign contracts foreign law doubt enforced foreign revenue law sense encouraged payment foreign taxes yet fell outside revenue rule scope line revenue rule draws impermissible permissible enforcement foreign revenue law therefore always unclear uncertainty persisted american courts recognized revenue rule one earliest appearances revenue rule america new hampshire entertained action required extensive recognition sister state revenue laws henry sargeant plaintiff sought damages alleging vermont selectman imposed illegal tax found revenue rule bar action though suit required enforce revenue laws vermont see likewise hollins misc sur aff app div aff app per curiam held estate executor satisfy foreign taxes due decedent estate property estate notwithstanding legatee argument revenue rule barred authorizing payments explained doubtless true aid foreign government enforcement revenue laws refuse direct equitable administration part estate within jurisdiction merely direction result enforcement revenue laws cases demonstrate extent revenue rule barred indirect recognition foreign revenue laws unsettled following reasoning hollins instance congress might well thought courts enforce wire fraud statute even might incidentally recognize canadian revenue law uncertainty highlights ndirect enforcement easier describe define sometimes difficult draw line issue involving merely recognition foreign law indirect enforcement dicey morris conflict laws collins ed ed even present prosecution analogous indirect enforcement cases petitioners rely cases yield rule sufficiently well established narrow wire fraud statute context criminal prosecution concluded revenue rule jurisprudence clear bar prosecution next turn whether purposes revenue rule articulated relevant authorities suggest differently first prosecution poses little risk causing principal evil revenue rule traditionally thought guard judicial evaluation enactments sovereigns see moore mitchell hand concurring judge hand put allowing courts enforce another country revenue laws thought delicate inquiry concerns relations foreign state citizens pass upon provisions public order another state rate beyond powers involves relations courts incompetent deal intrusted authorities ibid present prosecution creates little risk causing international friction judicial evaluation policies foreign sovereigns action brought executive enforce statute passed congress system government executive sole organ federal government field international relations export ample authority competence manage relations foreign state citizens avoid embarass ing neighbor moore supra hand concurring see also chicago southern air lines waterman true prosecution like one requires recognize foreign law determine whether defendant violated law may assume electing bring prosecution executive assessed prosecution impact nation relationship canada concluded poses little danger causing international friction know applied revenue rule bar action accompanied safeguard neither petitioners dissent directs us greater danger fact lie judging prosecution barred based foreign policy concerns animating revenue rule concerns neither aptitude facilities responsibility evaluate ibid broadly petitioners argue revenue rule avoids giving domestic effect politically sensitive controversial policy decisions embodied foreign revenue laws regardless whether courts need pass judgment laws see banco nacional de cuba sabbatino white dissenting ourts customarily refuse enforce revenue penal laws foreign state since country obligation governmental interests foreign sovereign worries us little present prosecution authorized wire fraud statute embodies policy choice two political branches government congress executive free interstate wires fraudulent use irrespective object fraud reading wire fraud statute gives effect considered policy choice therefore poses risk advancing policies canada illegitimately still final revenue rule rationale petitioners urge concern courts lack competence examine validity unfamiliar foreign tax schemes see leflar foreign law course posed unmanageable complexity case district uncontroverted testimony government witness petitioners scheme aimed violating canadian tax law see app nevertheless federal rule criminal procedure addresses petitioners concern setting forth procedure interpreting foreign law improves available common law specifically permits deciding issues foreign law consider relevant material source including testimony without regard federal rules evidence contrast procedures dealing foreign law available courts formulated revenue rule cumbersome see advisory committee notes fed rule crim proc noting rule improves procedures proving foreign law rule gives federal courts sufficient means resolve incidental foreign law issues may encounter wire fraud prosecutions iv finally interpretation wire fraud statute give extraterritorial effect post ginsburg dissenting petitioners used interstate wires execute scheme defraud foreign sovereign tax revenue offense complete moment executed scheme inside wire fraud statute punishes scheme success pierce internal quotation marks brackets omitted see durland significant fact intent purpose domestic element petitioners conduct government punishing prosecution less prosecutes scheme defraud foreign individual corporation foreign government acting market participant see post ginsburg dissenting noting prosecutions foreign individuals corporations governments domestic applications wire fraud statute event wire fraud statute punishes frauds executed interstate foreign commerce supp ii surely statute congress domestic concerns small post slip internal quotation marks omitted may seem odd use federal government resources prosecute citizen smuggling cheap liquor canada broad language wire fraud statute authorizes canon statutory construction permits us read statute narrowly judgment appeals ordered david pasquantino carl pasquantino arthur hilts petitioners writ certiorari appeals fourth circuit april justice ginsburg justice breyer joins justice scalia justice souter join parts ii iii dissenting case concerns extension wire fraud statute supp ii scenario extraterritorial significant part government invoked statute reach scheme smuggle liquor canada thereby deprive canada revenues due nation customs tax laws silent application activity culminating beyond borders statute prohibits scheme defraud employs execution communication interstate international wires relevant background norm known revenue rule bars suit one country enforce another country tax laws scheme issue involves liquor purchased discount sellers maryland trucked new york smuggled canada evade canada hefty tax imported defendants petitioners indicted devising scheme defraud governments canada province ontario excise duties tax revenues relating importation sale liquor app pet cert six counts question based telephone calls new york maryland today reads wire fraud statute draw courts prosecutor option charges another nation revenue laws evaded revenue rule stand way instructs rule application criminal prosecutions wire fraud statute see petitioners urged reply brief ascribed exorbitant scope wire fraud statute disregard repeated recognition congress legislates backdrop presumption extraterritoriality see eeoc arabian american oil aramco small post adopt ed legal presumption congress ordinarily intends statutes domestic extraterritorial application reply brief prosecution clearly gives wire fraud statute extraterritorial effect actions canada naturally understood kernel petitioners alleged fraud quoting sosa slip notably congress explicitly addressed international smuggling see provided criminal enforcement customs laws foreign nation nation reciprocal law criminalizing smuggling currently canada reciprocal law overriding importance regard tax collection internationally area treaties hold sway see attorney general canada reynolds tobacco holdings referencing tax treaties party treaty canada regarding collection taxes accord requires certification taxing nation taxes owed finally determined see protocol amending convention respect taxes income capital september treaty doc art entered force hereinafter protocol moreover treaty inapplicable persons like petitioners case citizens time tax liability incurred art today novel decision troubling failure take account canada primary interest matter stake citizens committed criminal violations canadian tax law extradited stand trial canadian courts best positioned decide whether extent defendants defrauded governments canada ontario tax revenues owed pursuant sovereign excise laws en banc gregory dissenting government prosecution david pasquantino carl pasquantino arthur hilts wire fraud grounded canadian customs tax laws wire fraud statute required government allege prove defendants engaged scheme defraud victim canadian government money property see ante describing canada victim scheme object deprivation canada establish fraudulent nature defendants scheme canadian government entitlement money withheld defendants offered proof trial canada imposes import duties liquor defendants intended evade duties see app pet cert app defendants convictions wire fraud therefore resulted obtained without proof intent violate canadian revenue laws see pierce canadian duty tax actually existed defendants guilty wire fraud used wires smuggle liquor new york city sincere mistaken belief new york city imposes duty government reliance canadian customs tax laws continued sentencing sentencing guidelines mandated defendants sentenced basis among things amount defendants defrauded canadian government see sentencing commission guidelines manual accordingly district calculated number cases liquor smuggled canada aggregate amount import duties evaded defendants concluded pasquantinos avoided million canadian duties hilts million see app resulting increases yielded significantly longer sentences judge gregory stated dissent fact bulk defendants sentences related american crime wire fraud canadian crime tax evasion shows case primarily enforcing canadian law expansively interpreting text wire fraud statute prohibits scheme artifice defraud obtaining money property means fraudulent pretenses today upholds government deployment essentially enforce foreign tax law several times observed wire fraud statute long arm extending everything designed defraud representations past present suggestions promises future durland also recognized incautious reading statute dramatically expand reach federal criminal law refused apply proscription exorbitantly see mcnally refusing construe mail fraud statute reach corruption local government stating read limited scope protection property rights congress desires go must speak clearly see also cleveland holding reach schemes make false statements state license application part based reluctance approve sweeping expansion federal criminal jurisdiction absence clear statement congress construing encompass violations foreign revenue laws ignores absence anything signaling congress intent give statute extraordinary extraterritorial longstanding principle american law aramco see also small post interpreting phrase convicted light commonsense notion congress ordinarily intends statutes domestic application quoting smith absent clear statement affirmative intention congress benz compania naviera hidalgo ordinarily read statutes reach conduct primary concern foreign country foley cf roche ltd empagran slip referring presumption legislators take account legitimate sovereign interests nations write american laws section contains reference foreign law element domestic crime wire fraud contrasts federal criminal statutes chart courts course regard see defendant must know transaction involved proceeds activity constitutes felony state federal foreign law banning importation wildlife taken possessed transported sold violation foreign law statutes indicate congress sole authority determine extraterritorial reach domestic laws fully capable conveying policy choice executive courts assume legislative silence congress left matter executive presumption extraterritoriality guides courts absence congressional direction provides ample cause conclude extend instant scheme moreover foreign customs tax laws scant room doubt congress general perspective congress actively indicated domestic legislation treaties intends strictly limit parameters assistance given foreign nations attorney general canada reynolds tobacco holdings see also boots national foreign policy judgments undermined federal courts give general effect wire fraud prosecutions violating revenue laws first congress enacted specific statute criminalizing offenses genre committed defendants prohibits transporting goods territory foreign government violation laws force section application however expressly conditioned foreign government enactment reciprocal legislation prohibiting smuggling see ibid prohibition applies laws foreign government penalty forfeiture provided violation laws respecting customs revenue reciprocity limitation reflects legislative determination country provide nations greater enforcement assistance give limitation also cabins government discretion nation customs laws enforce thereby avoiding appearance prosecutorial overreaching see gregory draw line countries laws help enforce vacated en banc granted significantly canada statute criminalizing smuggling rendering inapplicable schemes resembling one issue second canada negotiated senate ratified comprehensive tax treaty nations committed providing collection assistance respect tax claims see protocol art significantly protocol call upon either nation interpret calculate liability tax statutes applies tax claims fully finally adjudicated law requesting nation protocol bars assistance collecting claim citizen corporation requested state art provisions preclude canada obtaining assistance enforcing claims pasquantinos hilts assume congress understood provide assistance considered foreign policy judgment political branches specifically declined promise ii complementing principle courts ordinarily await congressional instruction giving laws extraterritorial thrust revenue rule holds one nation generally enforce another tax laws see banco nacional de cuba sabbatino white dissenting noting courts customarily refuse enforce revenue penal laws foreign state cf milwaukee county white government argues accepts domestic wire fraud prosecutions premised violations foreign tax law implicate revenue rule must recognize foreign revenue law determine whether defendant violated law ante need enforce foreign law attenuated sense see ante brief discussed however defendants conduct arguably fell within scope purpose evade canadian customs tax laws shorn purpose aspect conduct criminal country see supra boots pholding defendants section conviction amount penal enforcement canadian customs tax seems unavoidably obvious therefore prosecution directly implicates revenue rule equally plain congress endeavor enacting displace rule application mandatory victims restitution act wire fraud offenses corroborative section applies offense property ii directs otwithstanding provision law shall order defendant make restitution victim offense emphasis added government acknowledges however urge district order restitution case theory since victim foreign government loss derives tax laws foreign government brief quoting letter attorney schenning district chief judge motz app government disavows concession see tr oral arg prosecutor concede restitution appropriately ordered fact position restitution mandatory statute ordered infringe revenue nevertheless fact government effectively invited district overlook mandatory restitution statute concern revenue rule revealing demonstrates government expansive reading warrants disapprobation tension wire fraud statute government suggests accepts relieved construed exclude restitution might encounter revenue rule shoal see ante brief congress however expressed notable clarity policy mandatory restitution wire fraud prosecutions contrast congress quite ambiguous concerning coverage schemes evade foreign taxes tr oral arg mandatory victims restitution act view additional indicator congress envision foreign taxes object scheme defraud construe accordingly iii finally rule lenity counsels adopting interpretation close question whether wire fraud statute prohibition scheme defraud includes schemes directed solely defrauding foreign governments tax revenues see long held confronted two rational readings criminal statute one harsher choose harsher congress spoken clear definite language mcnally interpretive guide particularly appropriate wire fraud predicate offense racketeer influenced corrupt organizations act rico supp ii money laundering statute see cleveland finding particular conduct constitutes wire fraud therefore exposes certain defendants severe criminal penalties forfeitures provided rico see ed money laundering statute ed supp ii reasons stated hold extend schemes evade foreign tax customs laws therefore reverse judgment appeals footnotes express view related question whether foreign government based wire mail fraud predicate offenses may bring civil action racketeer influenced corrupt organizations act scheme defraud taxes see attorney general canada reynolds tobacco holdings holding government canada bring civil rico suit recover scheme defraud taxes republic honduras philip morris respect foreign governments although cleveland interpreted term property mail fraud statute supp ii construed identical language wire mail fraud statutes pari materia see neder artifice carpenter scheme artifice defraud money property section provides person owning whole part vessel employs participates allows employment vessel purpose smuggling attempting smuggle assisting smuggling merchandise territory foreign government violation laws force laws foreign government penalty forfeiture provided violation laws respecting customs revenue citizen person domiciled corporation incorporated controlling substantially participating control vessel directly indirectly whether ownership corporate shares otherwise allowing employment said vessel purpose person found discovered board vessel employed participating assisting purpose shall fined title imprisoned two years overlap antismuggling statute wire fraud statute beside point federal criminal code replete provisions criminalize overlapping conduct see stuntz pathological politics criminal law rev wells nn stevens dissenting mere fact two federal criminal statutes criminalize similar conduct says little scope either see also texas requiring statute directly question addressed common law astoria fed sav loan assn solimino stating presumption applicable principle well established turley declining interpret term federal criminal statute according common law term accepted meaning principles convince us much summary conclusion unavoidably obvious prosecution directly implicates revenue rule prosecution enforcing canadian law post ginsburg dissenting required demonstrate revenue rule principle firmly established bars prosecution task requires inquiry revenue rule jurisprudence inquiry dissent undertake see colorado harbeck app maryland turner misc sup detroit proctor del super moore mitchell hand concurring citing cases aff grounds arkansas bowen sup aff app leflar citing cases see also majesty queen gilbertson stating revenue rule exception rule state enforces foreign judgments citing inter alia cases peter buchanan mcvey ir app dism ir sup citing english revenue rule cases establish ing courts country enforce revenue claims foreign country suit brought purpose foreign public authority leflar stating revenue rule prohibition extrastate actions revenue collection moore supra hand concurring characterizing revenue rule exception rule liability arising law foreign state recognized courts another harbeck supra stating revenue rule precludes one state acting collector taxes sister state cf restatement third foreign relations law stating rule require allows courts refuse enforcement foreign tax judgments petitioners also cite qrs aps frandsen pr app holding liquidator entitled recover corporate funds needed pay foreign taxes stringam dubois alta app rejecting suit executor require sale real property canada pay estate taxes banco brasil israel commodity app rejecting suit instrumentality brazil recover conspiracy circumvent foreign exchange regulations harden sup ct holding stipulated judgment pay taxes enforceable canadian courts canada schulze scots law times refusing enforce judgment costs costs incurred foreign state defending legality forfeiture defendant goods penalty infraction revenue laws indian general investment trust borax consolidated holding private debtor entitled deduct income tax interest payments loan due england example government india taylor petitioners rely heavily application revenue rule rested part ground peculiar english law namely act parliament excluded tax judgments statute provided enforcement foreign judgments act thus demonstrated revenue rule appear ed recognized parliament see also borax supra holding private debtor entitled deduct income tax interest payments loan part express act parliament permits payment english income tax authorities discharge pro tanto debt person owes respect yearly interest another act parliament allows payment income tax another country reckoned discharge schulze supra holding foreign state recover costs incurred defending legality tax forfeiture part scottish law expenses action always regarded mere accessory incident principal claim addition explain features peculiar american system separation powers cast doubt notion revenue rule bars prosecution see infra see ii supp section shall apply sentencing proceedings convictions offense property title including offense committed fraud deceit indication novelty dissent extraterritoriality argument note argument pressed passed upon raised afterthought petitioners reply brief depriving government chance respond reply brief petitioners dissent says scheme defraud foreign corporation individual necessarily depend determination foreign law therefore different order post opinion ginsburg many schemes necessarily require interpretation foreign law without proof foreign law impossible tell whether scheme purpose depriving foreign corporation individual valuable property interests defined foreign law see supra pierce fact prosecution might involve foreign revenue law rather type foreign law relevant whether prosecution derogation revenue rule see supra whether extraterritorial petitioners argue sentences vacated light blakely washington brief petitioners petitioners raise claim appeals petition certiorari therefore decline address see lopez davis declining address matter raised decided presented petition certiorari whitfield affirming federal convictions despite imposition sentence enhancements see brief petitioners therein footnotes government offered canadian customs officer testimony trial alcohol purchased per case canadian tax approximately per case app see infra petitioners reliance presumption extraterritorial application laws enacted domestic concerns mind mere afterthought see ante presumption explicitly featured petitioners reply brief see reply brief observing inter alia presumption extraterritoriality especially true criminal liability stake see also brief petitioners parties ask us determine scope presumption extraterritoriality guide interpretation kind courts ordinarily bring bear endeavoring discern meaning legislative text moreover government responses petitioners revenue rule arguments coincide government position presumption extraterritoriality compare brief tr oral arg responding questions extraterritoriality counsel government asserted congress left executive discretion determination whether enforcement foreign tax systems appropriate indeed defendants indicted canada failing report excise taxes possession unlawfully imported spirits en banc gregory dissenting canada requested extradition see tr oral arg casual manner government district reached totals detracts assertion oreign law course posed unmanageable complexity case ante making sentencing recommendation government proffer evidence precise rate canada taxes liquor imports reference provisions canadian law rather relied trial testimony intelligence officer canadian customs surmised based experience working border canadian taxes case liquor approximately see app customs officer offered expert witness istrict ourt never determined whether calculations accurate matter canadian law gregory dissenting thus foreign law posed complexity case parties easily able interpret apply canadian law rather government made serious attempt effort made derogation government shared obligation ensure calculations potentially affecting defendant sentence accurate possible deeply troubling suggests government unprepared grapple details foreign revenue laws note petitioners sentences enhanced basis judicial factfindings violation sixth amendment see booker stevens slip see also blakely washington despite affirmance convictions therefore petitioners may entitled resentencing see booker breyer slip declines address defendants plea resentencing stating etitioners raise claim appeals petition certiorari see ante omission fault defendants however petition case filed granted well decided blakely petitioners thus raised blakely earliest possible point merits briefing rule consider issues raised petition prudential jurisdictional see izumi seimitsu kogyo kabushiki kaisha philips per curiam remand question neither prejudice government require delve complex issues passed note interpretation federal prosecutors resort wire mail fraud statutes reach schemes evade foreign taxes state local taxes well read coverage frauds executed interstate foreign commerce ante congressional intent give extraterritorial effect statute express application acts committed foreign commerce repeatedly held indicate congressional design give statute extraterritorial effect see aramco application supp ii schemes defraud foreign individual corporation even foreign governmental entity acting market participant different order necessarily depend determination foreign law appeals observed boots upholding defendant wire fraud conviction case like one presented amount functionally penal enforcement canadian customs tax laws see also ibid noting courts enforce foreign civil judgments unless due process jurisdictional fundamental public policy considerations interfere citing restatement third foreign relations law reporters notes ur courts customarily refuse enforce revenue penal laws foreign state since country obligation governmental interests foreign sovereign quoting banco nacional de cuba sabbatino white dissenting section requirement vessel used transport goods foreign country render inapplicable defendants conduct event