U.S. v. PALMISANO

No. 94-CR-49.

185 B.R. 476 (1995)

UNITED STATES of America v. Joseph C. PALMISANO, Defendant.

United States District Court, D. Vermont.

August 23, 1995.


Attorney(s) appearing for the Case

Gregory Lane Waples, Asst. U.S. Atty., Dist. of Vermont, Burlington, VT, for U.S.

Peter Horstman, Kenneth Fishman, Bailey, Fishman & Leonard, Boston, MA, Michael Stewart Brow, Sylvester & Maley, Inc., Burlington, VT, for defendant.


Opinion and Order

GAGLIARDI, Senior District Judge.

Defendant moves this Court to dismiss Count 42, which charges him with making a false statement to the U.S. Bankruptcy Trustee in violation of 18 U.S.C. § 1001. He argues that the statement was made in the course of proceedings in Bankruptcy Court, making the statement beyond the scope of § 1001 under the holding of Hubbard v. United States, ___ U.S. ___, 115 S.Ct. 1754, 131 L.Ed...

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