U.S. v. GAMBINO

No. (9S) 88 Cr. 919 (PKL).

838 F.Supp. 749 (1993)

UNITED STATES of America v. John GAMBINO, a/k/a "Giovanni," Joseph Gambino, a/k/a "Joe," a/k/a "Giuseppe," Lorenzo Mannino, a/k/a "Lore," and Matteo Romano, Defendants.

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

November 24, 1993.


Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., S.D.N.Y., New York City (Patrick J. Fitzgerald, Richard B. Zabel, of Counsel), for U.S.

Santangelo, Santangelo & Cohen, New York City (George L. Santangelo, of Counsel), for John Gambino.

Edward S. Panzer (Edward S. Panzer, of Counsel), Bruce Cutler (Bruce Cutler, of Counsel), New York City, for Joseph Gambino.

Charles Carnesi, Brooklyn, NY, of Counsel, for Lorenzo Mannino.

Howard R. Leader, New York City, for Matteo Romano.


ORDER AND OPINION

LEISURE, District Judge.

The Government has moved this Court for an order disqualifying Bruce Cutler, Esq., from representing defendant Joseph Gambino at the retrial of this criminal action. The Government argues that Cutler must be disqualified because an ongoing investigation of Cutler for alleged obstruction of justice and tax evasion, creates an actual conflict of interest constituting per se ineffective assistance of...

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