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U.S. v. BERG

No. 84 CR 190 (S-3).

710 F.Supp. 434 (1988)

UNITED STATES of America, Plaintiff, v. H. Leonard BERG; Grimm DePanicis; Leon Lisbona; Solomon Schwartz, Defendants.

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

February 11, 1988.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Larry H. Krantz and Ira Belkin, Asst. U.S. Attys., Brooklyn, N.Y., for the U.S.

J. Jeffrey Weisenfeld, New York City, for H. Leonard Berg.

Lawrence A. Dubin, New York City, for Solomon Schwartz.

Paul A. Goldberger, New York City, for Leon Lisbona.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendants Berg, Lisbona, and Schwartz ("defendants" for the purpose of this Memorandum and Order) have moved prior to trial to dismiss the following four counts of a fourteen count superseding indictment filed on October 15, 1987:

1. Count one, alleging a violation of the so-called RICO statute, 18 U.S.C. § 1962 (1982), because a pattern of racketeering cannot be proven;

2. Count two, alleging...

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