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U.S. v. MACCHIA

Docket Nos. 94-1161, 94-1192.

35 F.3d 662 (1994)

UNITED STATES of America, Appellee, v. Joseph MACCHIA, Sr.; Lawrence Macchia; George Macchia; Joseph L. Macchia; Viktor Batuner; Michael Varzar, Defendants, John Barberio, and Marat Balagula, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Janet Kay Jones, Washington, DC (Loretta C. Argrett, Asst. Atty. Gen., U.S. Dept. of Justice, Tax Div., Robert E. Lindsay, Alan Hechtkopf, on the brief, Zachary W. Carter, U.S. Atty., Brooklyn, NY, of counsel), for appellee.

William Kunstler, Kunstler & Kuby, New York City, for defendant-appellant Marat Balagula.

J. Shane Creamer, Dilworth, Paxson, Kalish & Kaufman, Philadelphia, PA, for defendant-appellant John Barberio.

Before: NEWMAN, Chief Judge, JACOBS and LEVAL, Circuit Judges.

JACOBS, Circuit Judge:

Defendants-appellants John Barberio and Marat Balagula (collectively, the "defendants"), having previously been convicted for their roles in a five-month scheme to defraud the United States of federal gasoline excise taxes, now interpose the double jeopardy clause of the Fifth Amendment to bar the present prosecution for their roles in a broad-gauge tax evasion conspiracy employing similar techniques on a greater scale, over a period of years...

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