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UNITED STATES v. DiVARCO

No. 72-1804.

484 F.2d 670 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph DiVARCO and Joseph Arnold, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1973.

Rehearing Denied October 10, 1973.

Attorney(s) appearing for the Case

Raymond J. Smith, Chicago, Ill., for defendants-appellants.

James R. Thompson, U. S. Atty., William T. Huyck, Glynna W. Freeman, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before MOORE, Senior Circuit Judge, and CUMMINGS and PELL, Circuit Judges.

PELL, Circuit Judge.

The defendants Joseph DiVarco and Joseph Arnold were charged in separate counts of an indictment with willfully and knowingly making and subscribing to a false statement on their respective 1965 federal income tax returns, which returns were verified by written declarations that they were made under the penalties of perjury, in violation of 26 U.S.C. § 7206(1). The two defendants were also indicted for conspiracy in violation of 18 U.S.C...

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