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U.S. v. MUSACCHIA

No. CR 88-00313(1-2).

696 F.Supp. 1548 (1988)

UNITED STATES of America, Plaintiff, v. John MUSACCHIA and Joseph Gambino, Defendants.

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

October 18, 1988.

Attorney(s) appearing for the Case

James H. Rodio, U.S. Dept. of Justice, Washington, D.C., for U.S.

Kase & Druker by James O. Druker, Garden City, N.Y., for Musacchia.

Hoffman & Pollok, by John L. Pollok, New York City, for Gambino.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Defendants John Musacchia and Joseph Gambino were indicted on charges that they were involved in an unlawful scheme to avoid paying a $.09 per gallon federal gasoline excise tax through the use of dummy corporations set up in what is commonly termed a "daisy chain." The indictment alleged the following facts as a basis for the charges. Musacchia was the chief executive officer and sole stockholder of O.K. Petroleum...

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