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U.S. v. PORCELLI

Nos. 813, 814, Dockets 87-1440, 87-1451.

865 F.2d 1352 (1989)

UNITED STATES of America, Appellee, v. Oscar PORCELLI, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Vivian Shevitz, New York City (Jane Simkin Smith, Steven A. Rosen, of counsel), for appellant.

Steven Gold, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Emily Berger, Asst. U.S. Atty., of counsel), for appellee.

Before OAKES and NEWMAN, Circuit Judges, and KEENAN, District Judge.

OAKES, Chief Judge:

Oscar Porcelli appeals a conviction on sixty-one counts of mail fraud, 18 U.S.C. § 1341 (1982), and one count of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(c) (1982). These acts all relate to the filing of a series of — some one hundred — fraudulent New York State sales tax returns with respect to sales at twelve retail gasoline stations owned in whole or in part by Porcelli...

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