U.S. v. HARLOFF

No. 91-CR-205T.

815 F.Supp. 618 (1993)

UNITED STATES of America, v. Scott David HARLOFF, Gregory Robin Raggi, Michael David Mazzeo, Thomas William Alessi, James William O'Brien, and Gordon Frederick Urlacher, Defendants.

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

March 18, 1993.


Attorney(s) appearing for the Case

Michael Gennaco, Jessica Ginsberg, and Kathleen Mahoney, Asst. U.S. Attys., United States Attorney's Office, Rochester, NY, for Government.

John R. Parrinello, Redmond & Parrinello, David Rothenberg, Geiger & Rothenberg, Anthony F. Leonardo, Jr., Karl F. Salzer, Gough, Skipworth, Summers, Eves and Trevett, P.C., and John F. Speranza, Rochester, NY, for defendants.


DECISION AND ORDER

TELESCA, Chief Judge.

Counts 18 and 19 of the Indictment allege violations of 18 U.S.C. § 666, charging the defendants with falsifying payroll records by claiming to have worked 40-hour weeks when in fact they worked "substantially fewer hours." The Indictment charges that since the defendants consistently worked fewer hours than they claimed, the differential between wages earned and wages paid constituted an embezzlement or misapplication...

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