UNITED STATES v. D'AMATO

No. 184, Docket 74-2008.

507 F.2d 26 (1974)

UNITED STATES of America, Appellee, v. Dennis D'AMATO, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 5, 1974.


Attorney(s) appearing for the Case

Gerald Shargel, LaRossa, Shargel & Fischetti, New York City, for appellant.

Howard Wilson, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the S. D. N. Y., John D. Gordan III, Asst. U. S. Atty., of counsel), for appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.


OAKES, Circuit Judge:

On occasion a prosecution is completed under a statute that everyone, including defense counsel and trial court, assumes to be applicable. On closer examination on appeal, however, the panel raises a question that no one had considered, here the applicability of the statute, 18 U.S.C. § 1001, to statements filed in private civil litigation. After post-argument briefing, we have determined that the...

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