U.S. v. MARTIN

No. 05 CR.24 MGC.

411 F.Supp.2d 370 (2006)

UNITED STATES of America v. Gregory MARTIN, Defendant.

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

January 19, 2006.


Attorney(s) appearing for the Case

Benjamin Gruenstein, U.S. Attorney's Office, SDNY (St. Andw's), David Alan Raskin, U.S. Attorney's Office, SDNY, New York City, for Plaintiff.

Douglas T. Burns, Shaw, Licitra, Gulotta, Esernio & Schwartz, P.C., Shaw Licitra, Garden City, NY, David Scott Smith, New York City, for Defendant.


OPINION

CEDARBAUM, District Judge.

Defendant Gregory Martin moves to dismiss the indictment against him for conspiracy to commit wire fraud and wire fraud. For the reasons that follow, the motion is denied.

BACKGROUND

Martin, together with defendants David Appelbaum and Rene Poulin, is charged with wire fraud under 18 U.S.C. § 1343 and with conspiracy to commit wire fraud. The indictment alleges that the defendants "devised...

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