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U.S. v. BESMAJIAN

No. 89-3775.

910 F.2d 1153 (1990)

The UNITED STATES v. Arthur G. BESMAJIAN, Jr., William J. Amwake. Appeal of UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 9, 1990.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Constance M. Bowden (argued), Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

Frank H. Wright, Allison Manning (argued), Wright, Manning & Rips, New York City, for appellee, William Amwake.

Alfred C. DeCotis, William R. Lundsten, DeCotis, Frino and Lundsten, Roseland, N.Y., for appellee, Arthur Besmajian, Jr.

Before MANSMANN, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The government brings this appeal from a district court order dismissing three counts of an indictment for failure to allege a prosecutable offense against a bank's customers under the currency transaction reporting laws of the United States. Specifically, we must decide whether a statutory duty was imposed upon a financial institution in 1986 to report a customer's daily transactions occurring at its different...

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