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UNITED STATES v. MALIZIA

Nos. 76 to 79, Dockets 83-1131 to 83-1134.

720 F.2d 744 (1983)

UNITED STATES of America, Appellee, v. John MALIZIA, Frank Costanzo, Alan Cummings and Larry Quartiero, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 27, 1983.

Attorney(s) appearing for the Case

John Joseph Sutter, Mineola, N.Y. (Ruth C. Balkin, Mineola, N.Y., of counsel), for defendant-appellant Malizia.

Roger Hausch, Mineola, N.Y., for defendant-appellant Costanzo.

Albert A. Gaudelli, Flushing, N.Y., for defendant-appellant Cummings.

Ivan W. Hametz, North Massapequa, N.Y., for defendant-appellant Quartiero.

Mervyn Hamburg, Dept. of Justice, Wash., D.C. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., on the Brief), for appellee.

Before LUMBARD, OAKES and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Since the Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970 as part of Pub.L. 91-452, this Court has expressed concern on several occasions about misuse of the statute by overzealous prosecutors. See, e.g., United States v. Ivic, 700 F.2d 51, 64-65 (2d Cir.1983); United States v. Huber, 603 F.2d 387...

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