UNITED STATES of America, Plaintiff,
v.
Joseph A. MACCHIA, a/k/a "Joseph Macchia, Sr.," Marat Balagula, Lawrence Macchia, George Macchia, Viktor Batuner, Michael Varzar, John Barberio and Joseph L. Macchia, a/k/a "Joseph Macchia, Jr." and "Joey", Defendants.
United States District Court, E.D. New York.https://leagle.com/images/logo.png
March 9, 1994.
March 9, 1994.
Attorney(s) appearing for the Case
Stephen Huggard, U.S. Dept. of Justice, Northern Cr. Enforcement Section, Washington, DC, for plaintiff.
Howard D. Stave, Forest Hills, NY, for defendant Joseph A. Macchia.
Ephraim Savitt, New York City, for defendant Balagula.
Lefcourt & Dratel, P.C. by Gerald B. Lefcourt, New York City, for defendant Lawrence Macchia.
Newman & Schwartz by Robert Hill Schwartz, New York City, for defendant George Macchia.
Paul B. Bergman, New York City, for defendant Varzar.
Dilworth, Paxson, Kalish & Kaufman by J. Shane Creamer, Philadelphia, PA, for defendant Barberio.
Deinst, Serrins, Newman, O'Malley & Epstein by Kenneth I. Wirfel, New York City, for defendant Joseph L. Macchia, Jr.
United States District Court, E.D. New York.
MEMORANDUM AND ORDER
WEXLER, District Judge.
Defendants Marat Balagula ("Balagula") and John Barberio ("Barberio") move to dismiss Count One of the Superseding Indictment in the above-captioned criminal case, charging defendants with conspiracy to evade the federal gasoline excise tax in violation of 18 U.S.C. § 371, on the ground of double jeopardy. Balagula and Barberio claim that their prosecutions...
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