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UNITED STATES v. CLEARY

Nos. 1436, 1441, Dockets 77-1107 and 77-1146.

565 F.2d 43 (1977)

UNITED STATES of America, Appellee, v. William H. CLEARY and Gustavo Passarelli, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 20, 1977.

Attorney(s) appearing for the Case

Morton Berger, Spring Valley, N.Y., for defendant-appellant Passarelli.

Daniel H. Murphy, II, New York City (Cowan, Liebowitz & Latman, P. C., New York City, for defendant-appellant Cleary.

Richard Weinberg, Asst. U.S. Atty., New York City, (Robert B. Fiske, Jr., U.S. Atty., for the Southern District of New York; Robert J. Jossen, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before VAN GRAAFEILAND and WEBSTER, Circuit Judges, and DOOLING, District Judge.

VAN GRAAFEILAND, Circuit Judge:

In 1975, Gustavo Passarelli had no credit standing at Barclay's Bank of New York. However, he did have relatives, friends and several wholly owned corporations. With the aid of an unprincipled lawyer and a facile pen, he was able to obtain funds from the Bank through loans in the names of several of these individuals and companies.

As a result, he was convicted, after a jury trial in the Southern District of New York, on two...

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