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UNITED STATES v. PACIONE

No. 864, Docket 83-1407.

738 F.2d 567 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Albert P. PACIONE, Jr., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 27, 1984.

Attorney(s) appearing for the Case

Stephen F. Markstein, Asst. U.S. Atty., S.D. of N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Martin L. Perschetz, Asst. U.S. Atty., New York City, of counsel), for plaintiff-appellant.

Gerald J. McMahon, New York City, for defendant-appellee.

Before LUMBARD, NEWMAN and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The issue raised on this appeal is whether a creditor who seeks to enforce a usurious loan by recording a conveyance of real property that recites a false consideration can be prosecuted under the federal "loan sharking" statute, 18 U.S.C. § 891 et seq. (1982). Holding that the creditor could not be so prosecuted, the United States District Court for the Southern District of New York, Whitman Knapp, Judge, dismissed...

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