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UNITED STATES v. PALMERI

Nos. 79-2147 to 79-2150 and 79-2424.

630 F.2d 192 (1980)

UNITED STATES of America v. PALMERI, Ernest P., Sr., Appellant in No. 79-2147. UNITED STATES of America v. CAMPISANO, Joseph, Appellant in No. 79-2148. UNITED STATES of America v. CARIELLO, Vito, Appellant in No. 79-2149. UNITED STATES of America v. SMITH, Frank, Appellant in No. 79-2150. UNITED STATES of America v. CHESTNUT, Flen, Appellant in No. 79-2424.

United States Court of Appeals, Third Circuit.

Decided September 3, 1980.

Attorney(s) appearing for the Case

Kenneth Michael Robinson, Washington, D. C., for appellants Palmeri and Smith.

Dennis M. Hart, Washington, D. C., for appellant Chestnut.

Steven H. Gifis, Princeton, N. J., for appellant Campisano.

Frederic J. Gross, Haddonfield, N. J., for appellant Cariello.

Robert J. Del Tufo, U. S. Atty., Kenneth N. Laptook, Asst. U. S. Atty., Newark, N. J., for appellee.

Before ALDISERT and SLOVITER, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These consolidated appeals from a jury verdict of conviction present a number of questions for consideration. The first issue concerns the proper scope of 18 U.S.C. § 1954, which proscribes the receipt of kickbacks and other illegitimate benefits by persons associated with employee benefit plans. The second issue is whether the district court failed to distinguish transactions involving money covered by...

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