UNITED STATES v. CRYAN

Crim. No. 79-289.

490 F.Supp. 1234 (1980)

UNITED STATES of America v. John F. CRYAN, Harry Lerner, William J. Leonardis, and Rocco Neri.

United States District Court, D. New Jersey.

May 22, 1980.


Attorney(s) appearing for the Case

Robert J. Del Tufo, U.S. Atty. by Peter B. Bennett and Robert Goodman, Asst. U. S. Attys., Newark, N. J., for the U. S.

Raymond A. Brown, Henry F. Furst, Brown & Brown, Jersey City, N. J., for defendant Cryan.

Kenneth J. McGuire, Stein, Bliablias & McGuire, Newark, N. J., for defendant Harry Lerner.

Gerald Krovatin, Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, Roseland, N. J., for defendant Leonardis.

Alfred C. DeCotiis, Newark, N. J., for defendant Neri.


OPINION

STERN, District Judge.

In this action the Court must decide whether the Racketeer Influenced and Corrupt Organizations Act (RICO), Title 18 United States Code §§ 1961 et seq., changes the substantive law of conspiracy so that individuals may be charged with each other's actions merely because they are employees of a single governmental unit. The Court holds that RICO does not permit such an imputation of criminal liability.

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