U.S. v. PODDE

No. 1889, Docket 96-1094.

105 F.3d 813 (1997)

UNITED STATES of America, Appellee, v. Raphael PODDE, Defendant, Gabriel Reguer, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 29, 1997.


Attorney(s) appearing for the Case

Stuart J. Grossman, Grossman, Lavine & Rinaldo, Forest Hills, NY, for Defendant-Appellant.

David C. James, Kelly Anne Moore, Assistant United States Attorneys, Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY, for Appellee.

Before CALABRESI and PARKER, Circuit Judges, and POLLAK, District Judge.


CALABRESI, Circuit Judge:

The defendant in this case was indicted on charges of conspiracy and wire fraud, but pleaded guilty to the lesser charge of illegally structuring financial transactions with the intent to evade federal reporting requirements. Later, after the Supreme Court held that a person cannot be found guilty of structuring without knowledge of the unlawful nature of his conduct, the defendant was able to withdraw his guilty plea. He was then reindicted...

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