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U.S. v. GENOVESE

No. 05 CR.04(WHP).

409 F.Supp.2d 253 (2005)

UNITED STATES of America, v. William P. GENOVESE, Jr., a/k/a "illwill," a/k/a "[email protected]," Defendant.

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

June 21, 2005.

Attorney(s) appearing for the Case

Alexander Southwell, Thomas G.A. Brown, Assistant United States Attorneys, Office of the United States Attorney for the Southern District of New York, New York, NY, for the Government.

Sean Hecker, The Legal Aid Society, Federal Defender Division, New York, NY, for the defendant.

MEMORANDUM AND ORDER

PAULEY, District Judge.

By Indictment dated January 3, 2005, the Government charged the defendant, William P. Genovese, Jr., with one count of unlawfully downloading and selling a trade secret in violation of 18 U.S.C. § 1832(a)(2). Genovese moves to dismiss the Indictment pursuant to Rule 12(b)(3)(B) of the Federal Rules of Criminal Procedure. Genovese contends that the statute criminalizing trade secret theft is facially...

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