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U.S. v. DISTEFANO

No. 90 CR 298.

741 F.Supp. 49 (1990)

UNITED STATES of America v. George DISTEFANO, Defendant.

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

July 18, 1990.

Attorney(s) appearing for the Case

Jerome C. Roth, Asst. U.S. Atty., Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for U.S.

Robert Ellis, New York City, for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Defendant moves to dismiss the one-count indictment against him, arguing that the judicially created "exculpatory no" exception protects him from prosecution under 18 U.S.C. § 1001. For the reasons discussed below, that motion is denied.

FACTS

Defendant is charged with knowingly and willfully making a false, fictitious and fraudulent statement in a matter within the jurisdiction of an...

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