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U.S. v. IANNIELLO

Nos. 1143, 1203, Dockets 86-6251, 87-6003.

824 F.2d 203 (1987)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Matthew IANNIELLO, a/k/a "Matty the Horse;" Benjamin Cohen, a/k/a "Benny Cohen;" Paul Gelb; Alfred Ianniello; Osbro Restaurant, Inc., d/b/a "Umberto's Clam House;" Robert Ianniello; P & G Funding Corp., d/b/a "Mardi Gras;" Pauline Gelb; John Zaffarano; John Doe; and John Doe, Inc., d/b/a "John Doe Restaurant," Defendants, Osbro Restaurant, Inc., and Robert Ianniello, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 21, 1987.

Attorney(s) appearing for the Case

Randy M. Mastro, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., David R. Lewis, Nancy Kilson, Asst. U.S. Attys., S.D.N.Y., of counsel), for plaintiff-appellee, cross-appellant.

Mark F. Pomerantz, New York City (Fischetti & Pomerantz, New York City, of counsel), for defendant-appellant, cross-appellee Osbro Restaurant, Inc.

Michael G. Berger, New York City, of counsel, for defendant-appellant, cross-appellee Robert Ianniello.

Before LUMBARD, PRATT, and ALTIMARI, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal raises the narrow issue of whether, pursuant to 18 U.S.C. § 1964, the district court had a sufficient basis to appoint a receiver to manage Umberto's Clam House. The defendants-appellants, Robert Ianniello and Osbro Restaurant, Inc., do not raise the issue of, and thus we have no occasion to consider, whether a receivership, traditionally used to protect the value of an asset that is the subject of litigation, see...

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