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U.S. v. NOLAN

Nos. 423-425, Dockets 96-1828, 96-1830 and 96-1831.

136 F.3d 265 (1998)

UNITED STATES of America, Appellee, v. Barbara NOLAN and NHG Pension Associates, Inc., Defendants, August Mezzetta; GB Resources, Inc.; and Gotham Associates, Ltd. Partnership, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 2, 1998.

Attorney(s) appearing for the Case

Robert M. Appleton, Assistant U.S. Attorney, Bridgeport, CT (Christopher F. Droney, United States Attorney for the District of Connecticut, Bridgeport, CT, of counsel), for Appellee.

David T. Grudberg, New Haven, CT (Jacobs, Grudberg, Belt & Dow, New Haven, CT, of counsel), for Defendants-Appellants.

Before: VAN GRAAFEILAND and McLAUGHLIN, Circuit Judges, and GERSHON, District Judge.

VAN GRAAFEILAND, Circuit Judge:

August Mezzetta, GB Resources, Inc., and Gotham Associates, Ltd. Partnership, were convicted after a jury trial of conspiring to embezzle the assets of a pension plan covered by the Employee Retirement Income Security Act of 1974 (ERISA), in violation of 18 U.S.C. § 371, and of embezzling such assets, in violation of 18 U.S.C. § 664. Mezzetta also was convicted of making false statements in documents which ERISA requires pension...

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