UNITED STATES v. PODELL

No. 556, Docket 77-6107.

572 F.2d 31 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Bertram L. PODELL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 6, 1978.


Attorney(s) appearing for the Case

Daniel M. Shientag, New York City, for defendant-appellant.

Richard J. McCarthy, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Louis G. Corsi, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.


IRVING R. KAUFMAN, Chief Judge:

Bertram L. Podell appeals a grant of summary judgment in favor of the United States in the government's action to impose a constructive trust on monies Podell received in breach of his fiduciary duty as a United States Congressman. We reject Podell's argument, for the reasons we shall set forth, that his reluctance in acknowledging the clear implications of his guilty plea to charges that he violated, and conspired to violate, the federal...

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