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UNITED STATES v. DIOGUARDI

No. 171, Docket 32043.

428 F.2d 1033 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John DIOGUARDI, a/k/a Johnny Dio, Thomas Plumeri, David Perlman and First National Kosher Provisions, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 27, 1970.

Certiorari Denied October 12, 1970.

Attorney(s) appearing for the Case

Otto G. Obermaier, Special Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Jay S. Horowitz and Paul B. Galvani, Asst. U. S. Attys., of counsel), for plaintiff-appellee.

Jerome J. Londin (Joseph E. Brill, New York City, of counsel), for defendants-appellants Dioguardi, Plumeri and First National Kosher Provisions, Inc.

Jacques M. Schiffer, Rockville Centre, N.Y., for defendant-appellant Perlman (John L. Pollock, New York City, on the brief).

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

Certiorari Denied October 12, 1970. See 91 S.Ct. 50, 51.

FRIENDLY, Circuit Judge.

Defendants were charged with the substantive crimes of fraudulently transferring and concealing the property of a bankrupt in contemplation of bankruptcy, and of fraudulently concealing the bankrupt's assets from the trustee in bankruptcy in violation of 18 U.S.C. § 152, and a conspiracy to do the same, 18 U.S.C. § 371. In 1967, after an 18 day jury trial in the District...

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