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U.S. v. UPTON

No. CRIM. 02-10243-PBS.

339 F.Supp.2d 190 (2004)

UNITED STATES of America, v. George L. UPTON and Lynn Alberico, Defendants

United States District Court, D. Massachusetts.

October 5, 2004.

Attorney(s) appearing for the Case

Michael J. Pelgro, United States Attorney's Office, Susan M. Poswistilo, United States Attorney's Office, John A. Wortmann, Jr., United States Attorney's Office, Boston, MA, for Plaintiff.

Ronald J. Chisholm, Winchester, MA, Michael Kendall, McDermott, Will & Emery, Wayne R. Murphy, Murphy & Flaherty, Scott E. Murray, McDermott, Will & Emery LLP, Boston, MA, Frederick C. Mycock, Zevitas & Enright, PC, Barnstable, MA, for Defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Defendants are charged with structuring transactions to avoid reporting requirements imposed on domestic financial institutions (Count II), conspiracy (Counts I and IV), money laundering (Count III), and several tax violations (Counts V-VIII). They move to dismiss Counts I-III1 of the second superseding indictment as barred by the statute of limitations, the...

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