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U.S. v. FASCIANA

No. S301CR00058LTS.

226 F.Supp.2d 445 (2002)

UNITED STATES of America, v. John FASCIANA and Joseph Amato, Defendants.

United States District Court, S.D. New York.

September 17, 2002.

Attorney(s) appearing for the Case

James B. Comey, United States Attorney for the Southern District of New York, by Peter G. Neiman, Justin S. Weddle, New York City, for the United States.

Law Offices of Robert Hill Schwartz, by Robert Hill Schwartz, New York City, for defendant Joseph Amato.

Newman & Greenberg, by Gustave Newman, New York City, for defendant John Fasciana.

OPINION AND ORDER

SWAIN, Judge.

In this mail, wire fraud and conspiracy case, the Government has indicated its intention to proffer at trial evidence concerning Defendant John Fasciana's alleged mishandling of a $4,136 check (the "$4,136 check") made payable to Thomson McKinnon Securities Inc. ("Thomson McKinnon"). Defendant Fasciana seeks to preclude the introduction of such evidence, contending that its admission would constitute a constructive...

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