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UNITED STATES v. GILBERT

No. 64 Civ. 3558 (IBC).

478 F.Supp. 306 (1979)

UNITED STATES of America, Plaintiff, v. Edward M. GILBERT et al., Defendants.

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

September 20, 1979.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for plaintiff; Leona H. Sharpe, Asst. U. S. Atty., New York City, of counsel.

Curtis, Mallet-Prevost, Colt & Mosle, New York City, for defendant Edward M. Gilbert; Peter Fleming, Jr., New York City, of counsel.

Webster & Sheffield, New York City, for defendant E. L. Bruce Co.; Edward Krumeich, Peter Heller, New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

The dispute underlying this case originated in 1962, when Edward M. Gilbert ("Gilbert"), then President of E. L. Bruce Co. ("Bruce") made an unauthorized withdrawal of approximately $2 million from the coffers of Bruce, to cover his own financial transactions.1

Subsequently, Gilbert made a full disclosure of these withdrawals to the Board of Directors of Bruce, and on May 28...

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