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UNITED STATES v. DeLILLO

No. 76 CR 138.

421 F.Supp. 1012 (1976)

UNITED STATES of America v. Andrew DeLILLO, Defendant.

United States District Court, E. D. New York.

October 29, 1976.

Attorney(s) appearing for the Case

U. S. Atty. David G. Trager, Brooklyn, N. Y., for plaintiff; Fred Barlow, U. S. Dept. of Justice, Brooklyn, N. Y., of counsel.

Williams, Connolly & Califano, Washington, D. C., for defendant; Raymond W. Bergan, William E. McDaniels and Andrew L. Lipps, Washington, D. C., of counsel.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

Andrew DeLillo has been indicted on twelve counts for violations of 18 U.S.C. § 664 (theft or embezzlement from employee benefit plan).1 Contending that the facts charged do not constitute an offense under § 664, he has moved for dismissal. For the reasons set forth below, his motion is granted.

I.

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