UNITED STATES v. MANDILE

Crim. A. No. 43410.

119 F.Supp. 266 (1954)

UNITED STATES v. MANDILE.

United States District Court E. D. New York.

February 25, 1954.


Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., for the United States.

Thomas O'Rourke Gallagher, Brooklyn, N. Y., for defendant.


GALSTON, District Judge.

This is a motion to dismiss the indictment on the grounds (1) that it constitutes double jeopardy in violation of the Fifth Amendment; (2) that it fails to state the commission of a crime in that it fails to allege that the defendant did, intended or attempted to defraud the United States Government, and (3) that the Government suffered no loss, but on the contrary gained by virtue of the acts of the defendant.

The first ground —...

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