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UNITED STATES v. MARTORANO

No. 84-1511.

767 F.2d 63 (1985)

UNITED STATES of America v. MARTORANO, John, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Raymond M. Brown, Alan Dexter Bowman, Brown, Brown and Furst, P.A., Newark, N.J., for appellant.

David E. Fritchey, Dept. of Justice, Philadelphia, Pa., William C. Bryson, U.S. Dept. of Justice, and Sara Criscitelli, Appellate Section, Criminal Div., Dept. of Justice, Washington, D.C., for appellee.

Before ALDISERT, Chief Judge, GIBBONS, Circuit Judge, and DIAMOND, District Judge.

Submitted Under Third Circuit Rule 12(6) June 18, 1985.

OPINION OF THE COURT

PER CURIAM.

Section 1027 of Title 18 provides that it shall be a criminal offense to make a false statement in any document required by Title I of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq.1 The major question for decision on this appeal is whether an understatement of profits by a health...

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