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U.S. v. TOTA

No. SS 87 Cr. 273.

672 F.Supp. 716 (1987)

UNITED STATES of America, v. Joseph P. TOTA and George B. Fahmy, Defendants.

United States District Court, S.D. New York.

September 29, 1987.

Attorney(s) appearing for the Case

United States Atty. Rudolph Giuliani and Assistant U.S. Atty., David Spears, for the U.S.

Frank Wright, Allison Manning, Grand & Ostrow, New York City, for defendant Joseph P. Tota.

Thomas Fitzpatrick, Anthony Paccione, Herzog, Calamari & Gleason, New York City, for defendant George B. Fahmy.

MEMORANDUM AND ORDER

CANNELLA, District Judge.

Defendants' motion to dismiss the indictment is denied. Fed.R.Crim.P. 12(b).

BACKGROUND

On April 2, 1987, Joseph P. Tota and George B. Fahmy, former employees of the brokerage firm of Paine, Webber, Jackson & Curtis ["Paine, Webber"], were named in a two-count indictment alleging conspiracy to defraud the United States and obstruction of justice. These charges stemmed from defendants' activities...

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